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99-124 Stevens Creek Quarry – install rock & soil Regnart Rd.RECORDING REQUESTED BY: Fidelity National Title Company - Cupertino Escrow No. 311100 -DP Title Order No. 0031110011)%� When Recorded Mail Document and Tax Statement To: CITY OF CUPERTINO- PUBLIC WORKS DIRECTOR 10300 TORRE AVE CUPERTINO, CA 95014 DOCUMENT: 14879616 111111111111111111111111I Titles:l / Pages Fees....* No Fees Taxes... Copies.. AMT PAID BRENDA DAVIS SANTA CLARA COUNTY RECORDER Recorded at the request of Fidelity National Title Ins. RDE # 004 7/01/1999 3:08 PM GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s) Documentary transfer tax is [ X ) computed on full value of property conveyed, or [ I computed on full value less value of liens or encurnbrances remaining at time of sale, [ I Unincorporated Area City of Cupertino FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Alan L. Stocklineir and JANET STOCKLMEIR TRANKLE, and PAMELA T. STOCKLMEIR, and KURT M. STOCKLMEIR, and ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATED FEBRUARY 25, 1998. hereby GRANT(S) to CITY OF CUPERTINO, a California Municipal Corporation the following described real property in the City of Cupertino County of Santa Clara, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: June 29, 1999 STATE OF CALIFORNI COUNTY nF ON 2.9 9 before me, G personally appeared lelLAi L. Smcki-ME) P— `IA1�1ET SioGkc,iid)2 il�ftnrlcL� 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, execut the instrument. Witness m hand d I seal. Signature Alan L. Stockklll�Imeir J ET STOCKLMEIR TRANKLE PAMELA T. STOCKKLM R KURT M. STOCKLMEIR ALAN L. STOCKLMEIR, TRUSTEE OF THE ALAN STOCKLMEIR REVOCABLE TRUST, DATEDFEBRUARY 25, 1998. �L By: ALAN L. STOCKLMEIR, Trustee D, PATRICK �s "� Comm. # 1194801 �• NO PUBLIC -CALIFORNIA UI \; `• MAIL TAX STATEMENTS AS DIRECTED ABOVE >1 Santa Clara County ^� .4y Comm. Expires 5f,pt. 6, 2002 i FD -213 (Rev 7/96) GRANT DEED Escrow No. 311100 -DP Title Order No. 00311 100 EXHIBIT ONE PARCEL ONE: Beginning at the point of intersection of the Southerly line of the Stevens Creek Road, as it formerly existed 40 feet wide, with the center line of Stevens Creek; thence in a general Southerly direction along the center line of Stevens Creek the following courses and distances: South 481 30' East 110.55 feet; South 590 45' East 132.00 feet; South 45° East 162.03 feet; South ° 37' East 122.10 feet; South 4° 8' West 231.66 feet; South 240 West 80.26 feet; South 36J ° West 199.32 feet; South 251 West 54.12 feet; and South 361 30' West 107.38 feet to a station designated D.S.5 from which a sycamore 14 inches in diameter marked B.T.D.S.5 bears South 361, 45' East 17.82 feet; thence leaving the center line of Stevens Creek and running along the Easterly line of Monta Vista Park, the Map of which is of record in Book "P" of Maps, page 19, Santa Clara County Records, and along the Easterly line of Inspiration Point, Monta Vista, the Map of which is of record in Book "P" of Maps, page 18, Santa Clara County Records, the following courses and distances: North 41 41' West 339.24 feet to a station designated D.S.r; North 40 11' West 191.40 feet to a pipe; and North 121 1' West 448.00 feet to a pipe at the Northeasterly corner of said Inspiration Point, Monta Vista; thence North 370 42' West 13.00 feet to a pipe on said Southerly line of Stevens Creek Road; thence along said Southerly line of Stevens Creek Road, North 890 East 84.48 feet to the point of beginning, being a portion of the San Antonio Rancho, and being shown upon that certain Map entitled "Map of a Survey made for Adelheid M. Stocklmeir in the San Antonio Rancho", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on December 29, 1915, in Book "0" of Maps, page 88. Excepting therefrom all that certain land conveyed to The City of Cupertino, a Municipal Corporation recorded September 29, 1986 as Instrument No. 8962038 in Book J861, Official Records, page 2072, more particularly described as follows: Being a portion of the San Antonio Rancho being more particularly described as follows: Beginning at a point in the Easterly boundary of "Tract No. 5915" recorded in Book 384 of Maps at pages 18 and 19, Santa Clara County Records, said point being the Northeasterly boundary corner of "Lot 30" as shown upon said Map; Thence from said point of beginning, along said Easterly boundary line of "Tract No. 5915", North 1 1 ° 58' 43" West 42.00 feet to the Northeasterly boundary corner of the "Map of Inspiration Point, Monta Vista", as recorded in Book "P" of Maps at page 18, Santa Clara County Records, said point also being the "Tract No. 5915" and designated as "Stevens Creek Blvd."; Thence leaving said Easterly boundary line of "Tract No. 5915", North 370 55' 03" West 5.80 feet to the intersection thereof with a non -tangent curve having a radius of 988.01 feet, the radius point of which bears South 1311 18' 30" East, said point being the True Point of Beginning of this description; Thence from said True Point of beginning, Easterly on the arc of said curve, through a central angle of 00 12' 43", for an arc length of 3.66 feet to a point of compound curvature; Thence continuing Easterly on the arc of a curve having a radius of 35.00 feet; through a central angle of 270 21' 15", for an arc length of 16.71 feet to a point of reverse curvature; Thence continuing Easterly on the arc of a curve having a radius f 20.00 feet; through a central angle of 25 ° 19' 20", for an arc length of 8.84 feet, a radial at said point bears South 1 1 ° 03' 52" East; Thence North 780 56' 08" East 6.62 feet; Thence North 820 57' 52" East, 42.66 feet to a point in the centerline of Stevens Creek, said point being in the Southerly right of way line of Stevens Creek Boulevard (40.00 feet wide as it formerly existed); Thence along said Southerly right of say line of Stevens Creek Boulevard, South 881 46' 38" West 81.76 feet; Thence leaving said Southerly right of way line of Stevens Creek Boulevard, South 37° 55' 03" East 6.57 feet to the True Point of Beginning. PARCEL TWO: All of Lots 30 and 31, shown on the Map entitled, "Tract No. 5915 The Meadows of Cupertino", which Map was filed for record in the Office of the Recorder of the County of Santa Clara, state of Calfiornia on November 30, 1976, in Book 384 of Maps at pages 18 and 19. PARCEL THREE: The exclusive right to travel over the hereinafter described parcels of land for agricultural purposes as are interpreted and provided for under "A (Agricultural) Zone" use including use for habitational accommodations now a part of or to be provided for under "A (Agricultural) Zone" activities to and from the lands of the Grantee herein to Scenic Boulevard: All that portion of lot 29, shown on the Map entitled, "Tract No. 5915 The Meadows of Cupertino", which said Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California on November 30, 1976 in Book 384 of Maps, at pages 18 and 19, described as follows: Parcel 1: Beginning at a point on the Westerly line of that certain 4.851 Acre Parcel as said Parcel is shown upon the Map of a Survey made for Adelheid M. Stocklmeir in the San Antonio Rancho, a Map of which is filed for record in Book "0" of Maps, page 88, Santa Clara County Records, distant thereon along said Westerly line North 2° 15' 00" West, 339.24 feet and North 70 15' 00" West, 87.54 feet from the most Southerly corner of said 4.851 acre parcel marked on said Map as DS5, thence leaving said Westerly line of 4.851 acre parcel, South 820 45' 00" West, 26.53 feet to the intersection thereof with a curve whose radial bears South 730 40' 19" East, from the center of the curve through the said point of intersection; thence on a curve to the right having a radius of 25 feet, through a central angle of 1120 39' 51 ", for an arc length of 49.16 feet; thence North 530 00' 28" West, 55.00 feet to beginning of a tangent curve; thence on a curve to the left having a radius of 204.00 feet, through a central angle of 231 00' 00"", for an arc length of 81.89 feet; thence North 74-0 00' 23' West, 63.75 feet to the beginning of a tangent curve,; thence on a curve to the left having a radius of 104.00 feet, through a central angle of 81 14' 13", for an arc length of 14.95 feet to a point of compound curve; thence on a compound curve to the left, leaving a radius of 20.00 feet, through a central angle of 401 59' 26", for an arc length of 14.31 feet to the intersection of the Easterly line of Scenic Boulevard; thence along said Easterly line, North 0° 08' 54" East, 38.94 feet to the intersection thereof with a curve whose radial bears South 330 30' 56" West from the center of a curve through the said point of intersection; thence on a curve to the left having a radius of 20.00 feet, through a central angle of 29° 16' 47", for an arc length of 10.22 feet to a point of reverse curve; thence on reverse curve to the right, having a radius of 136 feet, through central angle of 11 ° 45' 23", for an arc length of 27.91 feet; thence South 740 00' 08" East, 63.75 feet to the beginning of tangent curve; thence on a curve to the right having a radius of 236.00 feet, through a central angle of 231 00' 00", for an arc length of 94.74 feet; thence South 51 ° 00' 20" East, 20.69 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 20.00 feet, through a central angle of 481 15' 05", for an arc length of 16.88 feet to a point of reverse curve; thence on a reverse curve to the right, having a radius of 25.00 feet, through a central angle of 731 25' 51" for an arc length of 32.04 feet; thence North 820 45' 00" East, 26.53 feet to the intersection thereof with said Westerly line of said 4.851 acre parcel; thence along said Westerly line, South 7° 15' 00" East, 20.00 feet to the point of beginning, and being all that portion of said Lot 29 lying within Stocklmeir Court, as said Court is shown on said recorded Map and that portion of said Lot 29 lying between the line of said Lot 29 as contained within the above described property. Parcel 2 Beginning at a point on the Westerly line of that certain 4.851 acre parcel as said parcel is shown upon the Map of a Survey made for Adelheid M. Stocklmeir in the San Antonio Rancho, a Map of which if filed for record in Book 110" of Maps, page 88, Santa Clara County Records, distant thereon along said Westerly line North 20 15' 00" WEst, 205.67 feet from the most Southerly corner of said 4.51 acre parcel marked on said Map by DS5; thence leaving said Westerly line of 4.851 acre parcel South 870 59' 32" West, 6.45 feet to the intersection with a curve whose radial bears South 68° 25' 46" East, frorn the center of the curve through the said point of intersection ; thence on a curve to the right having a radius of 25 feet, through a central angle of 991 42' 06", for an arc length of 43.50 feet to a point of reverse curve, thence on a reverse curve to the left, having a radius of 20.0-0 feet, through a central angle of 400 47' 14", for an arc length of 14.24 feet to a point of compound curve; thence on compound curve to the left, having a radius of 209.00 feet through a central angle of 71 29' 34" for an arc length of 27.33 feet; thence South 721 59' 32" West, 106.00 feet to beginning of a tangent curve; thence on a curve to the right having a radius of 103.00 feet, through a central angle of 48° 30' 00", for an arc length of 87.19 feet; thence North 580 30' 28" West, 106.00 feeet to beginning of a tangent curve, thence on a curve to the right having a radius of 103.00 feet, through a central angle of 48 30' 00", for an arc length of 87.19 feet, thence North 580 30' 28" West, 19.62 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 2000 feet through a central angle of 371 54' 44", for an arc length of 13.23 feet to the intersection thereof with a curve of the Easterly line of Scenic Boulevard bears South 77° 13' 15" east, from the center of the curve through the point of intersection; thence along the said curve of the Easterly line of Scenic Boulevard on a curve to the left having a radius of 415.00 feet, through a central angle of 81 06' 18", for an arc length of 39.14 feet to the intersection thereof with a curve whose radial bears South 82° 37' 27" East, from the center of curve through the point of intersection, thence on a curve to the left, having a radius of 20.00 feet, through a central angle of 8° 06' 18", for an arc length of 2083 feet; thence South 581 30' 28" East, 43.37 feet to the beginning of a tangent curve; thence on a curve to the left, having a radius of 71.00 feet; through a central angle of 480 30' 00", for an arc length of 61.10 feet; thence North 720 59' 32" East, 106.00 feet to the beginning of a tangent curve; thence on a curve to the right, having s radius of 241 feet, through a central angle of 81 36' 47" for an arc length of 36.23 feet to a point of reverse curve; thence on a reverse curve to the left, having a radius of 20.00 feet, through a central angle of 330 47' 42", for an arc length of 11.80 feet to a point of reverse curve; thence on a reverse curve to the right, having a radius of 25.00 feet, through a central angle of 1060 36' 14", for an arc length of 46.51 feet; thence North 870 59' 32" East, 6.37 feet to the intersection thereof with the said Westerly line of that 4.851 acre parcel; thence along said Westerly line, South 20 15' 11" East, 20.00 feet to the point of beginning, and being all that portion of said Lot 29 lying within Dean Court as said Court is shown on said recorded Map and those portions of Lots 29 and 31 lying between the line establishing the Easterly terminus of said Court and the Easterly lin of Lot 31 as contained within the above described property. PARCEL 4: Lot "B" as laid down, designated and dolineated upon that certain Map antit-led "Map of Russell Hurst, Monte Vista", which Map was recorded in the Office of the County Recorder of the County of Santa Clara, State of California on April 11, 1917 in Book "P" of Maps at Page 22. APN#357-09-053 & 326-17-004 �':'ity of Cupertino July 1, 1999 To �Nnlom It May Concern: City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3354 FAX: (408) 777-3333 DEPARTMENT OF PUBLIC WORKS The City Council of the City of Cupertino, by Resolution No. 99-187, approved the purchase of parcels APN 357-09-053 and 326-17-004, otherwise known as the Stocklmeir property. In accordance with the agreement, the City hereby accepts the grant deed. BJV/cs ATTEST: City Clerk Printed on Recycled Paper AGREEMENT r�. CITY OF CUPERTINO p City o n 10300 Torre Avenue Cuertui 11 / Iif Cupertino, CA 95014 �y7 (� 408-777-3200 ,ly1 NO. azto o9/4— BY THIS AGREEMENT made and entered into on the as day of October 19 99 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Stevens Creek OHarry (2) _ (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Install rock rip rap and top soil on slope along area on Regnart Road EXHIBITS:The following attached exhibits hereby are made part of this Agreement: Proposal "Exhibit A" /� [��/ TERMS:The services and/or materials fur�hgd under this Agreement shall commence on CPA,G&(�917 and shall be completed before /JOV% J'/net COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR: Not to exdeed $26,641 GENERAL TERMS AND CONDITIONS • Hold Harmless.Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim,caused by or arising out of the performance of this Agreement.City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination.No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor.It is understood and agreed that this Agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned.At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes.This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Carmen Lynaugh DEPARTMENT •Public Works Department This Agreement shall become effective upon its execution by CITY, in witness thereof,the parties have executed this Agreement the day and year first written above. CONTR OR:71 CITY OF UPP���E�'R""TII�NO: By iZ � J11�U 7�- By vromv/f�- TitleRichard A. Voss , Vice President Title Public Works oje t anager Soc. Sec.# APPROVALS _ EXPENDITURE DISTRIBUTION DEPARTMENT HEAD.47' DATE ACCOUNT NUMBER AMOUNT 1,. i'0.9111 215-9620-9300 $26,641 CITY CLEDATE v ,ala[2fcd A I ihz1q.? r^ t October 21, 1999 „ , EXHIBIT A I :;' Carmen Lynaugh C=-= ° , , Public'Works Department i`. City of Cupertino ' 10300 Torre Ave. Cupertino, CA 95014-3255 1- ' Re: Peanut'Road Slope Repairs is :1";?.-,5 Dear Ms. Lynaugh: --N' STEVENS CREEK QUARRY, INC. (SCQ) is pleased to submit this bid proposal for 1 the Regnant Road Slope Repair Project. This bid is based on a site inspection and _ 'j j' oral instructions received from the City of Cupertino. Bid Price 1.. Our lump sum, fixed-price bid of $26,641.00 includes the general'items of work listed in "Inclusions". Inclusions: ,- ;, 1. Remove and dispose of existing unsuitable native material on slope. „I- 2. Excavate keyway at top of existing.rock. L 3. Furnish and install 18" to 24” rock rip rap in keyway and on slope, leaving openings of native material (at your direction) on the slope face. Place top soil ih openings to finish grade. e 5. Sweep and clean-up. -.. 6: Mobilization and water. 7. Traffic control and dust contra! for SOC work only. _ 1i 1,. ^}• 8.. One (1) move-in, • Specific Exclusions: G..''r 1r,`sJ _-- _ ` :J 1. Engineering, bond premiums, fees, permits, and tests.. :_-,7-:,'1;„1;i 2. Removal, modification, or relocation of.existing utilities.. - ' ' 3. Erosion control, hydroseeding, or winter maintenance. 4. Temporary fencing.. —v 5. Handling or removal of saturated, over optimum native materials. e'a! r:C:1 ;- SCQ Construction - '` A Division of Stevens Creek Quarry, Inc. 12100 Stevens Canyon Road • Cupertino, CA 95014 =Il' (408) 253-2512 • FAX (408) 257-4614 • Contractor's License No. 155174 EXHI CTA SCQ Standard Conditions: 1. One initial move-in with continuous operations for that and all additional contract move-ins. 2. My phasing of work by others which delay SCQ work,reduce production or cause additional move-ins will result in the assessment of additional costs for standby of equipment and labor. 3. Any work requested by the Owner/Client to be performed in inclement weather, or with over- optimum moisture conditions in the materials will be billed on a Time and Material basis. 4. Removal and disposal of unknown unsuitable soils, to be replaced with fill in areas that are not indicated on the plans will be performed at additional cost to be,determined at time of discovery. 5. Processing and removal of any material not suitable as fill to be performed on a T&M basis. 6: Processing or removal of contaminated or hazardous materials not,included in bid. 7. Thisproposal is based on a 50 hour work week. 8. There will be no repairs to others work at our expense without prior approval by SCQ,Construction to accept the back charge. 9. Water to be available at an onsite location suitable for a water tower with truck access. 10 Pricing.iifbject to change based l.pcn rcviov of:r:a;pians and Geotechnical report. 11 Pa m:nt to to made within 20 days ..t e;pt^;p•ogrec pa,rnont .c:cc. 12. Retention to be released no later than 90 days after satisfactory completion of work. 13. The inclusions, exclusions,and conditions in this proposal to be,incorporated into contract. Thank you for the opportunity to bid this project. SCQ is available:to begin this project immediately. Please call if you have any questions. Sincerely, Peter Milne, Estimator: 2 CITY OF CUPERTINO BID SUMMARY BID SPECIFICATION: _49 (.4 r4- V l��Q. �ra -C I� ►� 1'ro-Feces{- 5Lo pe a &o vt creek- qf- I ocafi vri V road -a; QUANTITY: ✓ y S (Am * BID PRICES MUST INCLUDE SALES TAX AND FREIGHT COST VENDOR UNIT EXTENDED' SALES PHONE NO. PRICE BID PRICE TAX FREIGHT TOTAL CONTACT PERSON " • WaF-k4,1 £.3oro4-olus5; L. to\th asct n bec-r, 44 (o50,,o �¢4,(dSo,co 416 - 43-46ct1 _ y s+evan 's ant IC- 4 z. nary ste✓c^s volo �-I 2(0,(�41 .az) 25Izx24i' 3'. 4. • * IF LOW -��//BID IS rACCEPTABLE NO FURTHER DISCUSSION- IS NECESSARY DISCUSSION: e. hibAer- bio/ /Veto a /n 9.er &S/ope. ,Ora Jett-tem We_ docadeI fa p/aCe. c,A h,o rape fo don I/nue_ lie_ eicrSti, s/opt tip, >%t 70, a/ 5/opt . ShansiMG �,. iCO ez r"�'—(cyy✓,`dtV RECOMMENDATION: Vendor Number 1. El 2. O/ 3. fore 4•LJ APPROVA , Al � yrs . 10l717 Dep. tment 1 th. ity Date Purchasing Officer (Finance Department) Date Fn04 •