17-055 Sidewalk Easement and Maintenance Agreement, 10773, 10813 & 11111 N. Wolfe Rd Cupertino CARECORDING REQUESTED BY :
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
23642023
Regina Alcomendras
Santa Clara County -Clerk-Recorder
05/08/2017 10:17 AM
Titles: 1
Fees: 10.00 Taxes: 0
Total: 0.00
Pages: 26
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
SIDEWALK EASEMENT AND MAINTENANCE AGREEMENT
10773, 10813 & 11111 N. Wolfe Road, Cupertino CA
APN's 316-050-050, 316-05-051, 316-05-052, 316-05-053, 316-05-056, 316-05-072, 316-45-017
~ Original
D For Fast Endorsement
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated April 10, 2017, from
10773, 10813 & 11111 N. Wolfe Road, Cupertino CA
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: May 2, 2017
By:
Senior Office Assistant
RECORDED AT THE REQUEST OF
City of Cupertino
and )
WHEN RECORDED R ETURN TO: )
)
Public Works Director )
City of Cupertino )
10300 Torre Avenu e )
Cupertino, CA 95014-3202 )
)
SPACE ABOVE FOR
RECORDER'S USE ONLY
SIDEWALK EASEMENT AND MAINTENANCE AGREEMENT
10773, 10813 & 11111 N. Wolfe Road, Cupertino, CA 95014
APN 316-05-050, 316-05-051, 316-05-052, 316-05-053, 316-05-056,
316-05-072 & 316-45-017
THIS SIDEWALK EASEMENT AND MAINTENANCE AGREEMENT
("Agreement") is made and entered into this I oti,-day of ~ , 2017
between Cupertino Village , LP , a Delaware limited partnership , ("Granter"), and
the City of Cupertino ("City ").
RECITALS:
The following recitals are a substantive portion of this Agreement:
A Granter is the owner of certain real property , known as Cupertino Village
situated in the County of Santa Clara , State of California , and more particularly
described in Exhib it "A ", attached hereto and incorporated herein by this reference,
also known as 10773, 10813 & 11111 N. Wolfe Road, Cupertino, CA 95014 or
Assessor's Parcel Numbers 316-05-050, 316-05-051, 316-05-052, 316-05-053,
316-05-056, 316-05-072 & 316-45-017 (the " Property ").
B. As set forth , the provisions of this Agreement are intended to and shall run
with the Project and be binding upon all owners, successors and assigns of the
Project , or any portion.
C. The purpose of this Agreement is to allocate the costs of construction,
maintenance , repair and replacement between Granter and the City concerning
the sidewalk fronting the property , that is situated partially on real property owned
by City and partially on real property owned by Granter along Wolfe Road and
Homestead Road in the City along the street frontage of the Project , and to
establish certain criteria and procedures for the accomplishment of maintenance ,
repair and replacement of the public sidewalk.
D. Granter desires to grant a perpetual easement to construct , install , alter,
maintain , operate , repair , inspect, remove and replace a concrete public sidewalk
over, across , through and along the Property frontage as descr ibed by the legal
and plat map in Exhibit "B'', attached hereto and incorporated herein ("Sidewalk
Area ")
NOW, THEREFORE the parties hereto agree as follows :
1. Covenants Running with the Land ; Property Subject to Agreement: All of
the real property described in Exhibit "A" shall be subject to this Agreement. It is
intended that the provisions of this Agreement shall run with the land and shall be
binding on all parties having or acquiring any right , title or interest in the real
property described in Exhibit "A " or any portion and shall be for the benefit of each
owner of any of the parcels or any portion of the property and shall inure to the
benefit of and be binding upon each successor in interest of the owners . Each of
the limitations , easements , obligations , covenants , conditions , and restrictions
con tained herein shall be deemed to be , and shall be construed as equ itable
servitudes , enforceable by any of the owners of any of the property subject to this
Agreement against any other Owner, tenant or occupant of the property , or any
portion .
2 . Responsibility for Cost of Installation, Repair , Replacement and
Maintenance : Granter, or its successor in interest, shall , at its sole cost and
expense , install, maintain , repair, replace and keep the Sidewalk Area in good ,
useable condition . all sidewalk improvements along the Wolfe and Homestead
Road street frontage located on the portion of the City 's property or Grantor's
property that abuts and fronts the Project. Granter shall also maintain and replace
as necessary , the landscaping including the trees and other plants along the same
street frontage
3. Definitions of Repair , Replacement and Maintenance : The repair ,
replacement and maintenance of the Sidewalk Area includes all work necessary
to keep the public sidewalk in the Sidewalk Area in good and useable condition
under all weather conditions. The Sidewalk Area of the Project shall be maintained
to the standards , specifications and condit ion to which , at a minimum , they were
originally constructed as evidenced by plans and specifications on file with the City
of Cupertino and/or provided by the Granter. The Sidewalk Improvements of the
Project shall be maintained to the standards , specifications and condition to which ,
at a minimum , they were originally constructed as evidenced by plans and
specifications on file with the City of Cupertino and/or prov ided by the Granter.
The landscaping along the street frontage shall also be maintained and replaced
as necessary to the same standard .
2
4. Decis ions Regarding Repair, Replacement and Maintenance : The City 's
Director of Public Works , in his or her sole discretion, shall determine the need for
repair , replacement and maintenance of the sidewalk and the Sidewalk Area.
5 . Grant of Public Sidewalk Easement: Grantor hereby grants to City an
exclusive, perpetual easement for a public sidewalk in the Sidewalk Area .
6 . Term. The term of the easement shall commence upon execution of this
Agreement by both part ies and shall run with the land , unless formally abandoned
by the City by action of the City Council. In the event the C ity formally abandons
the easement, the easement shall terminate, provided, however, that the Grantor
shall have a reasonable time within which to withdraw and remove the sidewalk
from the Sidewalk Area .
7 . Use Restrictions . The sidewalk easement shall be limited to public ,
pedestrian and bicycle use and the sidewalk easement may not be used for
commercial uses by the Grantor. The sidewalk easement may be utilized for
motor vehicle crossing consistent with exist ing driveways or future driveways , as
approved by City .
8 . Sidewalk Realignment. Grantor shall obtain permits and approvals from the
City 's Director of Public Works prior to relocat ing the sidewalk .
9 . Repair and Maintenance . Grantor shall be solely responsible, at its sole
cost and expense , for installing , repairing , replacing and maintaining the public
sidewalk and landscaping along the street frontage of the property . Grantor shall
employ licensed , qual ified personnel or contract with licensed , qualified
companies for such repair , replacement and maintenance required by the City
and this Agreement. Grantor shall provide notice to the Director of Public Works
at least 3 days prior to conducting significant repair , replacement or maintenance,
except in the event of an emergency which poses a threat to public health or
safety . The City shall have the right but not the obligation to enter the easement
area to maintain , repair or replace the sidewalk in the event of an emergency
which poses a threat to public health or safety .
10 . Raised Planter Maintenance . Grantor shall maintain raised planters located
within the S idewalk Area . The planters shall be repaired or replaced as needed
to maintain them in a new or like new condition , similar to other developments in
the area .
11 . Survey . All survey costs to determine the location of the Sidewalk Area
easement shall be borne solely by Grantor. Grantor shall provide a copy of any
surveys of the Sidewalk Area to the City 's Director of Publ ic Works .
12 . Representation and Warranties. Grantor represents and warrants to City
that Grantor has good and marketable title to the Grantor Property, and there are
3
no matters affecting title of the Granter Property that adversely affect the
easement or the rights granted under this Agreement.
13 . Requirements of Law . Granter shall comply with all present and future laws,
rules, orders, ordinances, regulations, statutes , requirements, codes, and
executive orders of all governmental authorities now existing or hereafter created
affecting the easement granted herein, or uses thereof.
14 . Notice . All notices , demands , consents, requests , approvals,
disapprovals , designations or other communications that any Party hereto gives to
any other Party shall be in writing and shall be deemed to have been properly given
if (a) served personally, or (b) mailed, when deposited with the United States
Postal Service within the boundaries of the continental United States for registered
or certified delivery, return receipt requested , with postage prepaid, or (c) sent by
overnight courier, postage prepaid, in each case addressed to the applicable
recipient as follows :
If to Granter:
If to City :
Cv £e-f+mc \J ~ tl°':'3e, LI~
K.11\t'\ CO 0J fev-\:-r\,\o Vi 1 ~1 (,
23 Mauchly , Suite 100
Irvine, CA 92618
Telephone : b5 D-<4b~ 7'56'3
Facsimile : {£D -J5(r ?)C[O
Public Works Director
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3202
Telephone: (408)777-3354
Facsimile: (408)777-3333
15 . Subordination . The easement shall be superior to any deeds of trusts ,
mortgages, liens, ground leases , licenses , covenants or encumbrances recorded
after the recordation of this Agreement. This Agreement shall survive the
foreclosure or termination of any such instrument or interest. If Granter encumbers
the Grantor's Property or any portion thereof prior to conveyance of this easement
to City , Granter shall use reasonable efforts to deliver an executed consent of
lienholder in which any lienholder or mortgagor consents to the easement and
agrees that City 's rights shall not be affected by any foreclosure or other remedy
under such encumbrance .
16 . No Partnership . Nothing contained in this Agreement shall be construed as
making Granter and City joint venturers or partners .
17 . Indemnity: Granter shall , to the fullest extent allowed by law, defend,
indemnify , and hold harmless the City and its officers, officials , agents , employees
and volunteers from and against any liability , claims, actions , causes of action or
4
demands whatsoever against any of them , including any injury to or death of any
person or damage to property or other liability of any nature , whether physical,
emotional , consequential or otherwise , arising out , pertaining to, or related to the
use of the public sidewalk within the Sidewalk Area , includ ing installation , repair ,
replacement or ma intenance by Grantor or Grantor's employees , officers , officials ,
agents or independent contractors. These costs and expenses shall include
reasonable attorneys ' fees of counsel of City 's choice , expert fees and all other
cost and fees of litigation . This indemnity is limited to the extent that the claims ,
liabilities , actions , causes of action , and damages arise out of the sole negligence
of City's employees , agents , representatives , contractors , vendors or consultants .
18 . Insurance Requirements : Grantor shall not commence work in the Sidewalk
Area until it has obtained all insurance required by this Agreement. Grantor shall
maintain Worker's Compensation Insurance, and if applicable shall also require all
subcontractors to provide Worker's Compensation Insurance . Grantor shall
maintain Comprehensive General Liability in an amount of not less than
$1 ,000 ,000 .00 . Grantor's insurance shall list the City as an additional insured .
19 . Attorney 's Fees : In the event that any party institutes legal action or
arbitration against the other to interpret or enforce th is Agreement , or to obtain
damages for any alleged breach , the prevailing party in the act ion or arb itration
shall be entitled to reasonable attorneys ' or arbitrators ' fees in addition to all other
recoverable costs , expenses and damages .
20 . Further Documents : The parties covenant and agree that they shall execute
further documents and instructions as shall be necessary to fully effectuate the
terms and prov is ions of this Agreement.
21. Entire Agreement: This Agreement constitutes the entire agreement of the
parties with respect to the subject matter contained herein and supersedes all prior
agreements , whether written or oral. There are no representations, agreements ,
arrangements or undertakings, oral or wr itten , which are not fully expressed herein .
22 . Severability : In the event any part or provision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of California ,
the remaining portions of th is Agreement which can be separated from the invalid ,
unenforceable provisions shall, nevertheless, continue in full force and effect.
23 . No Waiver: The waiver of any covenant contained herein shall not be
deemed to be a continuing waiver of the same or any other covenant contained
herein .
24 . Recordation : It is anticipated that this Agreement shall be recorded and
shall be executed and acknowledged in proper recordable form .
5
demands whatsoever against any of them, including any injury to or death of any
person or damage to property or other liability of any nature , whether physical ,
emotional , consequential or -otherwise , aris1n9 out, pertaining to , or related to the
use of the ·publ'i¢.sidewalk 0frhiti-:.th~.SidewaJ1<._Area~iridwdihg insta11atia'n , repair ,
replacemeiit'or mafr1ten'ance by '.Grantoror Granto.r's.employees , officers , officials ,
agents .or ind·ependent contractors . These' costs and expenses shall include
reasonable attorneys ' fees of counsel of City 's choice ,· ex.pert fees and all other
cost and fees of litigation . This indemnity is limited to the extent that the claims ,
liabilities , actions , causes of action , and damages arise out of the sole negligence
of City 's employees , agents , representatives , contractors , vendors or consultants .
18 . Insurance Requirements : Granter shall not commence work in the Sidewalk
Area until it has obtained all insurance required by this Agreement. Granter shall
maintain Worker's Compensation Insurance , and if applicable shall also require all
subcontractors to provide Worker's Compensation Insurance . Granter shall
maintain Comprehensive General Liability in an amount of not less than
$1 ,000,000 .00 . Grantor's insurance shall list the City as an additional insured .
19 . Attorney 's Fees : In the event that any party institutes legal action or
arbitration against the other to interpret or enforce this Agreement, or to obtain
damages for any alleged breach , the prevailing party in the action or arbitration
shall be entitled to reasonable attorneys ' or arbitrators ' fees in addition to all other
recoverable costs , expenses and damages .
20 . FurtherDocuments : The parties covenant and agree that they shall execute
further documents and instructions as shall be necessary to fully effectuate the
terms and provisions of this Agreement.
21 . Entire Agreement: This Agreement constitutes the ent ire agreement of the
parties with respect to the subject matter contained herein and supersedes all prior
agreements, whether written or oral. There are no representations , agreements ,
arrangements or undertakings, oral or written , which are not fully expressed herein .
22. Severability : In the event any part or provision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of California,
the remaining portions of this Agreement which can be separated from the invalid ,
unenforceable provisions shall , nevertheless , continue in full force and effect.
23 . No Waiver: The waiver of any covenant contained herein shall not be
deemed to be a continuing waiver of the same or any other covenant contained
herein.
24 . Recordation : It is anticipated that this Agreement shall be recorded and
shall be executed and acknowledged in proper recordable form .
5
25 . Amendment: This Agreement may be amended in whole or in part only by
mutual written agreement. Any amendment shall be recorded in Santa Clara
County , California . In the event any conflict arises between the provisions of any
such amendment and any of the provisions of any earlier document or documents ,
the most recently duly executed and recorded amendment shall be controlling .
Executed the day and year first above written.
GRANTOR:
nc ., its general partnE
By . ··.:::::::~=--=:::L:::,,.~--=~_;___~c._+.--=--
Kevi n Smith
Vice President\
CITY OF CUPERTINO
By : -==-----------
Timm Borden
Director of Public Works and City Engineer
Approved as to Form
.i:'\)/ Randolph Hom , City Attorney
~v ;1"'T"",f;>T;.,
~~~.~~
(notary acknowledgement
attached)
\'..-./ C.lT'f C.L-E.ll.(<._ r-Ma intenance Agreem e nt Sidewalk and Easement Cup e rtino Village 2-1 3-17
6
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy , or
validity of that document.
State of California
County of San Diego
On April 10, 2017 before me, Nicole Clark, Notary Public
(insert name and title of the officer)
personally appeared _K_e_v_i_n_S_m_it_h _____________________ _
who 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature __ <y\~--~---------(Seal)
CALI FORNIA ALL-PURPOSE
CERTIFI CA TE OF ACKNOWLEDGM E NT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness , accuracy , or validity of that document.
State of California }
County of ~ c.Wo-} .
On ~ I Z i "'Z-0 1'1-before me , ____.:,,.LC:L,l'---L_l_r,,... _ _,__IL=t l'\J-,--,--,-.~..,.,,' c....,...,...,.~~.,,,...A,,----=-~---'
personally appeared ____ 1\~_IJIJ'--_~-----------------
who 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 ent ity upon behalf of
which the pe rson(s) acted , executed the instrument.
I certify under PENAL T Y O F PERJURY under the laws of th e State of Cal ifornia that
the foregoing paragraph is true and correct.
WITNESS my hand and official sea l.
(Notary Pu bli c Seal)
. INSTRUCTIONS FOR COMPLETING THIS FORM
ADDITIONAL OPTIONAL IN FORMATION Th is form co111plies ll'ith c urrent California statutes regarding nota,y ll'O rd in g and,
DE SCRIPTI ON OF THE ATTA CHED DOC UMENT
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(Title or description of attachedocument}
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(Title or descr/ption of attached do cument continued)
Nu mbe r of Pages r ~ Documen t Date if/ to f I 1--
CAPACITY CLAIMED BY THE SIGNER
~ Ind ividual (s)
D Cor po rate Officer
(T itl e )
D Partn e r(s)
D Attorney-in -Fact
o T rustee (s)
0 Othe r _________ _
2015 Version www.NotaryC lasses.com 800-873-9865
if needed, should be co111p le ted and af/ached to the doc11111 e11t. Acknoll'ledg111e11ts
from other states may be comple ted/or docu111 ents be in g sent to that state so /011 g
as th e wording do es not require the California nota,y to violate California notmy
!all'.
• Sta te and County infonnation mu st be th e State and County where the doc um ent
s ig ner(s) persona ll y appeared befo re th e notaiy pub li c for acknow ledg ment .
• Date of nota ,iza ti o n mu st b e th e date th a t th e s igner(s) perso na ll y appea red whi c h
mu st a lso be th e sa me d ate th e acknow ledgment is comp leted .
• T he notaiy public mu s t p,int hi s or her nam e as it ap pears within hi s o r her
commi ss ion followed by a comma and th en yo ur tit le (notmy publi c).
• P1int th e nam e(s) of doc um ent s ig ne,{s) who persona ll y appear at th e tim e of
nota,i za ti on.
• Indi cate th e con-ec t s in g ular o r p lura l fo nns by c ro ss in g off incon-ect fo nns (i.e.
lte/s he/tttey, is /are) or c irc li ng th e con-ect fonn s. Fai lu re to co n-ec tly ind ica te th is
in fo nnat ion may lead to rejecti on of doc um ent reco rding .
• The notaiy sea l impressio n mu st be c lea r a nd photogra phica ll y re produc ibl e.
Impress io n mus t not cover tex t or lines. If seal impress ion s mud ges, re-sea l if a
suffi c ien t a rea pe1mits, o th erwise compl ete a different ac kn owledg ment fo nn.
• S ig nature o f the no ta ,y publi c mu st match th e s ig nature o n fi le with th e offic e of
th e county c lerk .
•:• Additional info nna ti on is not requi red but co uld help to ensure thi s
ackno wledgment is not mi s used or a tta c hed to a d iffe rent doc um ent.
•:• Indi cate title or ty pe of attac hed doc um ent , number of pages a nd date.
••• Indi cate th e capac ity c laim ed by th e s igner. If th e c laim ed ca pa c ity is a
corp ora te offi cer, indi ca te th e titl e (i.e. CEO, CFO, Sec reta,y).
• Sec urely attach thi s document to th e s igned do cum ent with a s taple .
The land referred to In this policy Is described as follo ws:
Real property In the City of Cu pertino, County of Santa Clara, State of Californ ia, described as
follows:
PARCEL ONE:
BEGINNING AT A GRANITT MONUMENT AT THE INTERSECTION OF THE ORIGINAL CENTER
LINE OF HOMESTEAD ROAD, 40 FEET WIDE, WITH THE CENTER LINE OF WOLFE ROAD, AS
SHOWN ON THE MAP OF TRACT NO. 1906 VERDE GARDENS UNIT NO. 2, ON FILE IN BOOK 98
OF MAPS, PAGE 36, SANTA CLARA COUNT( RECORDSi THENCE S. oo 35' 45" W., ALONG THE
CENTER LINE OF WOLFE ROAD, 978.66 FEET; THENCE LEAVING SAID CENTER LINES. 890 24 '
02" W. 54.01 FEET TO THE TRUE PO[NT OF BEGINNING OF THIS DESCRIPTION; THENCE
CONTINUING S. 69° 24' 02" W. 563 .10 TO THE EASTERLY LINE Of LINNET LANE, FORMERLY
BECKER LANE; THENCE N. 0° 17' 22" W., ALONG THE EASTERLY LINE OF LINNET LANE, 631.72
FEET TO THE SOUTHWESTERLY CORNER OF THE 1.62 ACRE PARCEL OF LAND CONVEYED TO
CALIFORNIA CONFERENCE EVANGELICAL UNITTD BRETHREN CHURCH, BY DEED RECORDED
JULY 22, 1958 IN BOOK 4129 OF OFFIClAL RECORDS, PAGE 1, SANTA CLARA COUNTY
RECORDS; THENCE N. 89° 24' 02" E., ALONG THE SOUTHERLY LINE OF SAlD 1.52 ACRE
PARCEL OF LAND 104.09 FEET TO THE WESTERLY CORNER OF THE PARCEL OF LAND
CONVEYED TO VALLCO PARK, A CORPORATION, BY DEED RECORDED MARCH 23, 1966 IN
BOOK 7321 OF OFFICIAL RECORDS, PAGE 334, SANTA CLARA COUNTY RECORDS; THENCE N.
44° 33' 19" E., ALONG 11-lE NORTHWESTERLY LINE OF SAID LAST MENTIONED PARCEL OF
LAND AND ITS NORTHEASTERLY PROLONGATION 164.49 FEET; THENCE N. 0° 17' 22" W.,
ALONG THE EASTERLY LINE OF THE STRIP OF LAND CONVEYED TO THE GOOD SAMARITAN
CHURCH EVANGELICAL UNITED BRETHREN, BY DEED RECORDED MARCH 23, 1966 IN BOOK
7321, PAGE 337 OF OFFICIAL RECORDS, SANTA CLARA COUNT(, 187.74 FEET TO THE
SOUTHERLY LINE OF HOMESTEAD ROAD, AS ESTABLISHED BY THE DEDICATION TO cm OF
CUPERTINO, RECORDED APRIL 11, 1966 IN BOOK 7343, PAGE 76, SANTA CLARA COUNTY
RECORDS; THENCE N. 89° 24' 02" E., ALONG SAID SOUTHERLY LINE OF HOMESTEAD ROAD
176 .18 FEET; THENCE S. 0° 35' 45" W. LEAVING HOMESTEAD ROAD, 70 FEET; THENCE S. '150
CO' 08" E. 155 .70 FEET; THENCE N. 89° 24' 02 " E. 70 FEET; THENCE S. 0° 35' 45" W. 754.39
FEET TO THE TRUE POINT OF BEGINNING, BEING A PORTION OF THE QUITO RANCHO.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CITY OF
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INS1RUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINES OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SAID MONUMENT LINES ARE SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 2'14 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. oo 35' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINEN . 89° 2<1 ' 15" W. 54.00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY LINEN oo 35' 45" E. 124 .68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET THROUGH
A CENTRAL ANGLE OF 910 11' 43", AN ARC LENGTH OF 95 .50 FEET;
THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S. 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SArD SOUTHERLY UNE EASTERLY ALONG A TANGENT CURVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADIUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF
130 50' 44'', AN ARC LENGTH OF 19.33 FEET;
THENCE TANGENT TO SAID CURVES. 750 45' 14" E. 22.36 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 130 50' 44", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLEL TO SAID SOUTHERLY LINEN. 89° 24' 02" E. 147.74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54.00 FEET
THROUGH A CENTRAL ANGLE OF 91 o 11' 43", AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 10 18' 12" E. 120 .79 FEET TO THE 1RUE POINT OF BEG INN ING.
PARCEL TWO:
A NONEXCLUSIVE EASEMENT FOR THE BENEFIT OF AND APPURTENANT TO THE ABOVE
DESCRIBED PARCEL ONE, FOR VEHICULAR AND PEDESTRIAN ACCESS, EGRESS AND INGRESS
AS WELL AS FOR INSTALLATION AND MAINTENANCE OF UTILITTES AND DRAINAGE FACILffiES
OVER THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF PARCEL A AS DEFINED IN THE PARCEL
MAP RECORDED IN BOOK 386 OF MAPS, AT PAGE 34, RECORDS OF SANTA CL.ARA COUNTY,
DISTANT THEREON S. 89° 24' 02" W. 232.54 FEET FROM THE NORTHEAST CORNER OF SAID
PARCEL;
THENCE S. 89° 24' 02" W., ALONG SAID LINE 31.01 FEET;
THENCE LEAVING SAID LINE 5, 0° 35' 45" W. 274.99 FEET TO A POINT IN THE GENERAL
SOUTHERLY UNE OF SAID PARCEL, SAID POINT BEING DISTANT S. 89° 24' 15" E, 9.51 FEET
FROM AN ANGLE POINT IN SAID LINE;
THENCE ALONG SAID LINES. 89° 24' 15" E. 36. 13 FEET, TO A POINT ON A 24.50 FOOT RADIUS
CURVE, THE RADIUS POINT OF WHICH BEARS N. 52° 51' 09" E., FROM THIS POINT;
THENCE NORTHERLY ALONG SAID CURVE TO THE RIGHT CONC.t\VE TO THE NORTHEAST,
THROUGH A CENTRAL ANGLE OF 37° 44' 36" FOR AN ARC LENGTI--1 OF 16 .14 FEET;
THENCE N. 0° 35' 45" E. 260.64 FEET TO THE POINT OF BEGINNING.
PARCEL THREE:
BEING A PORTION OF PARCEL A, AS SHOWN ON TiiAT CERTAIN MAP FILED FOR RECORD IN
MAP BOOK 405, PAGE 27, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNrNG AT TI-IE NORTHEASTERLY CORNER OF SAID PARCEL A;
THENCE ALONG TiiE EASTERLY AMD SOUTHERLY LINES OF SAID PARCEL A, THE FOLLOWING
FOUR COURSES;
SOUTH 0° 35' 45" WEST, 229.24 FEET; SOUTHWESTERLY ALONG A TANGENT CURVE TO THE
RIGHT WITH A RADIUS OF 37.50 FEET THROUGH A CENTRAL ANGLE OF 90° 00' 00" FOR AN
ARC LENGTH OF 58.90 FEET; SOUTH 0° 35' 45" WEST, 13. 75 FEET; AND NORTH 89° 24' 15"
WEST, 235.50 FEET TO AN INTERIOR CORNER OF SAID PARCEL A;
THENCE NORTH 0° 35' 45" EAST 274.79 FEET TO THE NORTHERLY LINE OF SAID PARCEL A;
THENCE NORTH 89° 24' 02" EAST, 273.06 FEET ALONG SAID NORTHERLY LINE TO THE TRUE
POINT OF BEGINNING.
PARCEL FOUR:
BEGINNING AT A GRANITE MONUMENT AT THE INTERSECTION OF THE ORIGINAL CENTER
LINE OF HOMESTEAD ROAD 40 FEET WIDE, WITii THE CENTER LINE OF WOLFE ROAD AS
SHOWN ON THE MAP OF TRACT NO. 1906, VERDE GARDENS UNIT N0 .2 ON FILE IN BOOK 98
OF MAPS, PAGE 36, SANTA CLARA COUNTY RECORDS; THENCE S. 0° 35' 45'' W., ALONG THE
CENTER LINE Of WOFE ROAD, 224.27 FEET; THENCE LEAVING SAID CENTER LINE AND
RUNNINGS. 89° 24' 02" W. 54.01 FEET TO THE SOUTHEAST CORNER OF THE PARCEL TO BE
DESCRIBED AND THE TRUE POINT OF BEGINNJNG OF THIS DESCRIPTION; THENCE RUNNING
S. ago 24' 02" W. 70.0D FEET; THENCE N. '15° 00' 08" W. 155.70 FEET; THENCE N. 0° 35' 45" E.
70.00 FEET TO A POINT IN THE SOUTHERLY LINE OF HOMESTEAD ROAD; TilENCE RUNNING
ALONG SAID LAST NAMED LINE N. 89° 24' 02" E. 120.00 FEET; THENCE ON TilE ARC OF A
CURVE TO THE RIGHT, WITH A RADIUS OF 60 FEET, TiiROUGH A CENTRAL ANGLE OF 91° 11'
'13" FOR AN ARC DISTANCE OF 95.50 FEET; THENCE RUNNINGS, 0° 35' 45" W. 120.00 FEET TO
THE TRUE POINT OF BEGINNING, AND BEING A PORTION OF THE QUHO RANCHO.
EXCEPTING THEREFROM ALL THAT PORTION OF SAID LAND CONVEYED TO THE CI1Y FOR
CUPERTINO FOR PUBLIC ROADWAY PURPOSES BY INSTRUMENT RECORDED ON AUGUST 13,
1976 IN BOOK C 212, PAGE 733 OF OFFICIAL RECORDS, AND BEING DESCRIBED /1.S FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE MONUMENT LINE OF WOLFE ROAD AND
HOMESTEAD ROAD, AS SAID MONUMENT LINES /I.RE SHOWN ON THAT CERTAIN PARCEL M/1.P
RECORDED IN BOOK 24'1 OF MAPS, AT PAGE 51, SANTA CLARA COUNTY RECORDS.
THENCE ALONG SAID MONUMENT LINE OF WOLFE ROAD, S. 0° 35' 45" W. 230.08 FEET;
THENCE LEAVING SAID LINEN . a9° 24' 15" W. 54.00 FEET TO A POINT IN THE WESTERLY LINE
OF WOLFE ROAD, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE ALONG SAID WESTERLY LINEN. 0° 35' 45" E. 124.68 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET TiiROUGH
A CENTRAL ANGLE OF 91 ° 11' 43", AN ARC LENGTH OF 95 .50 FEET;
THENCE ALONG THE SOUTHERLY LINE OF HOMESTEAD ROAD, S, 89° 24' 02" W. 205.83 FEET
TO A POINT OF CUSP;
THENCE LEAVING SAID SOUTHERLY LINE EASTERLY ALONG A TANGENT ClJRVE TO THE RIGHT,
CONCAVE TO THE SOUTH, HAVING A RADfUS OF 80.00 FEET THROUGH A CENTRAL ANGLE OF
13° 50' 44", AN ARC LENGTH OF 19 .33 FEET;
THENCE TANGENT OF SAID CURVES. 76° 45' 14" E. 22 .3 6 FEET;
THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 80.00 FEET THROUGH
A CENTRAL ANGLE OF 13° 50' '14", AN ARC LENGTH OF 19.33 FEET;
THENCE PARALLEL TO SAJD SOUTHERLY LINEN. 89° 24' 02" E. 147.74 FEET;
THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 54,00 FEET
THROUGH A CENTRAL ANGLE OF 91° 11' 43\ AN ARC LENGTH OF 85.95 FEET TO A POINT OF
NON-TANGENCY;
THENCE S. 1° 18' 12" E. 120.79 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL FIVE:
EASEMENT FOR PARKING, LANDSCAPING AND INGRESS/EGRESS AS PROVIDED IN THAT
CERTAIN RECIPROCAL EASEMENT AGREEMENT FOR PARKING, LANDSCAPING AND INGRESS
AND EGRESS, RECORDED OCTOBER 28, 1998, AS SERIES NO . l'l'\66686, OFFICIAL RECORDS.
APN: 3l6·05·050 and 316-05·051 and 316·05·052 and 316-05-053 and 316-05-056 and 316-DS-
072 and 316-45-017
firoimsTEAo ROAD:=----~=:--~--: ,
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PLAT TO ACCOMPANY A DESCRIPTION ~
smEwA1K ~ Engineering
EASEMENT ASSOCIATES, INC.
CITY OF CUPERTINO 1475 South Bascom Ave ., Suite 202
Date : Scale: Job: Campbell, CA 95008-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241-5494
Drawn By : KSN Designer: KSN Checked : JS Fax (408) 241-5493 SHEET 1 of 6
HOMESTEAD ROAD
Nag· 23' 38"E
90.49'
PARCEL1
R=a0.00',
L=19.33',
0=13°50'39"
S76. 45' 43"E
9.77'
sag· 23' 3a"W
16.35'
POINT OF
BEGINNING
PARCEL 2
--,-----
"'-ssg· 23' 3a"W ~ _________ ..;;...._,~~-;:-::::---~-
R=206.00' •
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L=16.44',J ~ ;...
No· 27' 23"W 75.21' ~'/ ~ ~ 3.05'
R=600.00',
L=43.95',
0=4·11'47"
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(ROS 221 M 10)
EXHIBIT "B"
0=4.34'16" io: ~
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PLAT TO ACCOMPANY A DESCRIPTION ~
srnEwA1K ~ Engineering
EASEMENT ASSOCIATES, INC.
CITY OF CUPERTINO 1475 South Bascom Ave., Suite 202
....,,,_a.,...te-: ----...-Sc-a ..... ,e-: ---~J..-o,-b: _____ Campbell, CA 95 0 08-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241-5494 -------=-------=-,----,---,-----Drawn By : Designer: Checked : JS Fax (408) 241-5493 KSN KSN SHEET 2 of 6
POINT OF
BEGINNING HOMESTEAD ROAD
I PARCEL 3 N89, 23 , 38 "E R=30.00',
~~/5' 45"E [87.94' ~=~·;.~~'06" ..,_ ___ ..,..... _____ __,_ ___ ---,--- -______
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R=206.00',
L=13.81',
0=3'50'26"
N89' 44' 55"W <tJ>~
64.75'
R=8.00', \~s
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L=4.46',
0=31'55'52" ~ :;;,,-\~(Q
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12.85' ~ 0
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R=54.00',
L=18.01',
0= 19'06' 42"
, 0=15'12'16" PARCEL B L-26.54, I
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L-35.13,~ 0
0=15'08'08" I d
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L=27.29 ,~ ·•
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PARCEL A
(ROS 22 1 M 10)
EXHIBIT "B"
N89' 24' 02"E
7.13'
POINT OF
BEGINNING
PARCEL 4
PLAT TO ACCOMPANY A DESCRIPTION ~
srnEwA1K .iliM! Engineering
EASEMENT ASSOCIATES , INC .
CITY OF CUPERTINO 1475 South Bascom Ave ., Suite 202
Date: Scale : Job: Campbell, CA 95008-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241-5494
Drawn By : Designer: Checked: JS Fax (408) 241-5493
KSN KSN
SHEET 3 of 6
PAR CEL B
',~ROS 22 1 M 10)
N89. 24' 02"E
7.15' --
R=3o.oo:, _/J'
L=8.50, I
D= 15· 14•09" R:5o.oo:,
L-27.08, /
D=3r01'48"
R=~oo.oo:,~f/
L-49.94,
0=14.18'28"
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(ROS 221 M 10) I I
No· 35' 45"E
204.86'~1
I
PARCELS~
I
I
N89. 24' 15"W
3.85'
sag· 24' 15"E
3.85'
• No· 35' 45"E
10.00'
EXHIBIT "B"_._
SEE SHEET 5
sr 1a· 26"E
I 4.68'
N~
II
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PLAT TO ACCOMPANY A DESCRIPTION D
srnEwALK : • , Engineering
EASEMENT ASSOCIATES, INC.
CITY OF CUPERTINO 1475 South Bascom Ave ., Suite 202
Date : Scale: Job : Campbell, CA 95008-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241 -5494
Drawn By : KSN Designer: K SN Che c ked : JS Fax (408) 241 -5493 SHEET 4 of 6
PLAT
PARCEL A
(ROS 221 M 10)
SEE SHEET 4
NO· 35' 45"E
412.04'~
I
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PARCEL5A
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sag· 24· 02"W 1
10.00· I
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PM 406 M 27 EXHIBIT "B"
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I 749.71'
0 < 0 N~ ~
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TO ACCOMPANY A DESCRIPTION ~
smEwA1K all! Engineering
EASEMENT ASSOCIATES, INC .
CITY OF CUPERTINO 1475 South Bascom Ave., Suite 202
-at ..... e ..... : ___ __,..,,, ..... ca....,..le ..... : ----.J ...... ob ..... : ----Campbell, CA 95008-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241-5494
1.....-------+-,,-----+-,,-,---,--,------i
Drawn By: Designer: Checked: JS Fax (408) 241-5493
KSN KSN
SHEET 5 of 6
PARCEL A
(ROS 22 1 M 10)
N89' 24' 02"E
10.00'
PARCEL 6 I '
NO" 35' 45~
235.41'~
PARCEL A
(PM 406 M 27)
N89' 26' 44"W
9.46'
PRUNERIDGE AVE.
,
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,
POINT OF
BEGINNING
PARCEL 6
Cl <
10
so· 35' 45"W ~
229.24'
R=37.50',
L=6.40',
0=9'46'42"
EXHIBIT "B"
------
N~
II : ....
PLAT TO ACCOMPANY A DESCRIPTION ~
smEwALK .ilill! Engineering
EASEMENT ASSOCIATES , INC .
CITY OF CUPERTINO 1475 South Bascom Ave., Suite 202
Date : Scale : Job : Campbell, CA 95008-0629
08/26/15 AS SHOWN CUPV1301 Tel. (408) 241-5494
Drawn By: Designer: Checked: JS Fax (408) 241 -5 493 KSN KSN SHEET 6 of 6
Cupertino Village
Sidewalk Easement
EXHIBIT "B"
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara,
State of Cal ifornia, described as follows:
Parcel 1
Being a portion of that parcel with a total site area of
approximately 12.510 acres as shown on that certain Record of
Survey filed for record in Book 826 of Maps, Page 20, Santa
Clara County Records, described as follows:
BEGINNING at the most northwesterly corner of said Parcel;
THENCE along the northerly boundary of said Parcel, North
89°23'38" East, 90.49 feet to a point on a tangent curve to the
right;
THENCE continuing along said northerly boundary along said
tangent curve to the right having a radius of 80.00 feet, an arc
length of 19.33 feet, and a central angle of 13°50'39" to a
point;
THENCE continuing along said northerly boundary South 76°45'43"
East, 9.7 7 feet to a point on a non-tangent curve to the left
with a radial bearing of South 20°11'53" West;
THENCE leaving said northerly boundary along said non-tangent
curve to the left having a radius of 600.00 feet, an arc length
of 43.95 feet, and a central angle of 4°11'47 " to a point;
THENCE South 89°23'38" West, 75.21 feet;
THENCE North 0°27'23" West, 3.05 feet to the POINT OF BEGINNING;
Parcel 2
Being a portion of that parcel with a total site area of
approximately 12.510 acres as shown on that certain Record of
Survey filed for record in Book 826 of Maps, Page 20 , Santa
Clara County Records, described as follows:
BEGINNING at the northwesterly corner of Parcel Bas shown on
said Record of Survey, originally shown on Record of Survey
filed for record in Book 221 of Maps, Page 10, Santa Clara
County Records;
THENCE along the northerly boundary of said 12.510 acre Parcel,
South 89°23'38" West, 16.35 feet to a point on a non-tangent
curve to the left with a radial bearing of North 8°39'47" East;
THENCE leaving said northerly boundary along said non-tangent
curve to the left having a radius of 206.00 feet, an arc length
of 16.44 feet, and a central angle of 4°34'16" to a point on the
easterly boundary of said parcel;
THENCE along said easterly boundary, North 0°35'45" East, 2.00
feet to the POINT OF BEGINNING;
Parcel 3
Being a portion of that parcel with a total site area of
approximately 12.510 acres as shown on that certain Record of
Survey filed for record in Book 826 of Maps, Page 20, Santa
Clara County Records, described as follows:
BEGINNING at the northwesterly corner of Parcel Bas shown on
said Record of Survey, originally shown on that certain Record
of Survey filed for record in Book 221 of Maps, Page 10, Santa
Clara County Records;
THENCE along the northerly boundary of said Parcel, North
89°23'38" East, 87.94 feet to a point on a non-tangent curve to
the left with a radial bearing of South 20°38'41" East;
THENCE leaving said northerly boundary along said non-tangent
curve to the left having a radius of 30.00 feet, an arc length
of 5.78 feet, and a central angle of 11°02'06" to a reverse
curve;
THENCE along said reverse curve having a radius of 8.00 feet, an
arc length of 4.46 feet, and a central angle of 31°55'52" to a
point;
THENCE North 89°44'55" West, 64.75 feet to a point on a tangent
curve to the right;
THENCE along said tangent curve having a radius of 206.00 feet,
an arc length of 13.81 feet, and a central angle of 3°50'26" to
a point on the westerly boundary of said Parcel B;
THENCE along said westerly boundary, North 0°35'45" East, 2.00
feet to the POINT OF BEGINNING;
Parcel 4
Being a portion of that parcel with a total site area of
approximately 12.510 acres as shown on that certain Record of
Survey filed for record in Book 826 of Maps, Page 20, Santa
Clara County Records, described as follows:
BEGINNING at the southeasterly corner of Parcel Bas shown on
said Record of Survey, originally shown on that certain Record
of Survey filed for record in Book 221 of Maps, Page 10, Santa
Clara County Records;
THENCE along the easterly boundary of said Parcel, North
1°18'26" West, 116.10 feet to a point on a tangent curve to the
left;
THENCE along said tangent curve having a radius of 54.00 feet,
an arc length of 18.01 feet, and a central angle of 19 °06'42" to
a point;
THENCE leaving said northerly boundary, South 1°18'26" East,
12.85 feet to a point on a tangent curve to the right;
THENCE along said tangent curve having a radius of 100.00 feet,
an arc length of 26.54 feet, and a central angle of 15°12'16" to
a point on a reverse curve;
THENCE along said reverse curve having a radius of 133.00 feet,
an arc length of 35.13 feet, and a central angle of 15°08'08" to
a point;
THENCE South 1°08'08" West, 33.03 feet to a point on a tangent
curve to the left;
THENCE along said tangent curve having a radius of 100.00 feet,
an arc length of 27.29 feet, and a central angle of 15°38'13" to
a point on the southerly boundary of said Parcel B, said point
being 7.13 feet from the southeasterly corner of said Parcel B;
THENCE along said southerly boundary, North 89°24'02" East, 7.13
feet to the POINT OF BEGINNING;
Parcel 5
Being a portion of that parcel with a total site area of
approximately 12.510 acres as shown on that certain Record of
Survey filed for record in Book 826 of Maps, Page 20, Santa
Clara County Records, described as follows:
BEGINNING at the southeasterly corner of Parcel Bas shown on
said Record of Survey, originally shown on Record of Survey
filed for record in Book 221 of Maps, Page 10, Santa Clara
County Records;
THENCE along the easterly boundary of said 12.510 Parcel, South
1°18'26" East, 4.68 feet;
THENCE continuing along the easterly boundary of said 12.510
Parcel, South 0°35'45" West, 749.71 feet to the northeasterly
corner of Parcel A as shown on said Record of Survey, originally
shown on that certain Parcel Map filed for record in Book 406 of
Maps, Page 27, Santa Clara County Records;
THENCE along the northerly boundary of said Parcel A, South
89°24'02" West, 10.00 feet;
THENCE leaving said northerly boundary, North 0°35'45" East,
412.04 feet;
THENCE South 89°24'15" East, 3.85 feet;
THENCE North 0°35' 45" East, 10.00 feet;
THENCE North 89°24'15" West, 3.85 feet;
THENCE North 0°35'45" West, 204.86 feet to a point on a tangent
curve to the right;
THENCE along said tangent curve having a radius of 200.00 feet,
an arc length of 49.94 feet, and a central angle of 14°18'28" to
a reverse curve;
THENCE along said reverse curve having a radius of 50.00 feet,
an arc length of 27.08 feet, and a central angle of 31°01'48" to
a reverse curve;
THENCE along said reverse curve having a radius of 30.00 feet,
an arc length of 8.50 feet, and a central angle of 16°14'09" to
a reverse curve;
THENCE North 0°06'34" East, 35.19 feet to a point on a tangent
curve to the left;
THENCE along said tangent curve to the left having a radius of
24.00 feet, an arc length of 7.96 feet, and a central angle of
19°00'37" to a point on the southerly boundary of said Parcel B;
THENCE along said southerly boundary, North 89°24'02" East, 7.15
feet to the POINT OF BEGINNING;
Parcel 6
Being a portion of Parcel A as shown on that certain Parcel Map
filed for record in Book 406 of Maps, Page 27, Santa Clara
County Records, described as follows:
BEGINNING at the most northeasterly corner of Parcel A of said
Parcel Map;
THENCE along the easterly boundary of said Parcel A, South
0°35'45" West, 229.24 feet to a point on a tangent curve to the
right;
THENCE continuing along said easterly boundary along said
tangent curve to the right having a radius of 37.50 feet, an arc
length of 6.40 feet, and a central angle of 9°46'42" to a point;
THENCE leaving said easterly boundar y North 89 °26'44" West, 9.46
feet;
THENCE North 0 °35'45u East, 2 35.41 feet;
THENCE North 89°24'02u East, 10.00 feet to the POINT OF
BEGINNING;
Brio Engineering Associates, INC.
1475 S. Bascom Ave., Suite 202
Campbell, CA 95008