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Vallco Park Ltd. Supplemental agreement for an easement for column footings beneath Wolfe Rd 8-5-75TWt aR � - ,:�.,�� :.m.'@.'huilR:w•.��•mti'.^.,n. Y+.°'!� .. .. _ ,. .uzS.-*:b`kA�'9i11!'!�! � a..,— - ..w...�.w ,. -..a•+• F I -LAS F: RLT1,RNti 70: C3 Fdh �t� % City Q: Ctgivrtino �(..4 • 10M Torre Avenue t4 0. _ � -.rpertino, CA 95014 .Lr REQUEST OF t i• I 02 W75 ry�,f B. 571 le4S..� , a <.r1 a GO011 A MANN SUPPLEMENT TO AGREEMENT � r"GO�ZCEA This Supplement to Agreement made and entered NO SEE ir. ti> as Cf August 3, 1975 by and between the CITY OF CUPERTINO, CALIFORMA, a municipal corporation ("City") and VALLCO PARI:, LTD., a California limited partnership ("Vallco"). WITAESSETH: A. City and Vallch are parties to a certain Agreement dated October 8, 1974, recorded October 17, 1974 in Book B 135 of the Official Records of Santa Clara County, California at page 3iu ttue "rX12S`Li119 HtjiCGUG1IL`1 i B. Pursuant to paragraph 3 of the Existing Agree- ment, City and Vallco desire to (i) supplement the Existing Agreement so as to describe with particularity certain of the easements canted therein by City to Vallco, and (ii) cause to be granted by City to 'I- 11c0 an easement for column footings be- neath a portion of Wolfe Road. NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, it is agreed as follows: 1. The area of the perpetual and exclusive ease- ment granted by dause (i) of paragraph 2 a) of the Existing' Agreement is legally described in Exhibit A attached hereto and by this reference incorporated herein as though fully set forth. -1- �r 571 ►aur?25 2. The area of the perpetual and exclusive ease- ment granted by paragraph 2 a) of the Existing Agreement for columns, supports, footings and foundations for the buildings, ructurev and improvements located upon the easement granted pursuant to said clause (i) of paragraph 2 a) is ldgally des- cribed in Exhibit B attached hereto and by this reference in-- corporated 'herein an though fully set forth. 3. The area of the perpetual and exclusive ease - went granted by paragraph 2 b) of the Exiating Agreement is legally described in Exhibit C attached hereto and by this reference incorporated herein us though fully set forth. 4. Subject to the terms, provisions, covenants and conditions of the Existing Agreement, City hereby grants GV YQ11C:V tVi [.11C i7C 11C 11 t. Vt, ¢is:a ari+ui a.ciaisisw a.v, s-isaa � vu •i•iiiy with the land in favor of, t.t..e real property owned by Vallco which is described in Exhibit A attached to the Existing Agree- ment, the perpetual and exclusive easement to construct, to maintain in place, and to maintain, repair, replace, recon- struct and to use column footings #n the area described in Exhibit D attached hereto and by this reference incorporated herein as though fully set forth. 5. Except as hereby supplemented the Existing Agreement shall remain in full force and effect and, as hereby supplemented, is ratifi-ed and cc.nfirmed. In Witness Whereof, the parties hereto have executed this Supplement to Agreement as of pie day and year first above written. CITY OF CUPERTINO,, CALIFORNIA Attest: A /r_J By : B 571 PA -.-t726 VALLCO PARK, LTD., By Its Three General Partn4:rs 1. VALLCO PARK, a California corporation By By —' ! • . 2. (-Aa-6A Will W. Lester, enera Partner 3. Burrel Leonard, Genera Partner -3- a ��f C0U11*,rY UF:,A:;'IA CLARA jLs• On this. r* day of 4alemr Its tiv� mc, the underz1r,ncd, it E.oLary Public in and ror .:.aiti counq and state, person'l 1y ;ipp•,,wcd Burrel ;.eo,rurcl, Knet-:n to me• ;,o be Lhe Pr.^.s t•tc .v d vlalt^r Y, t-:;wd. kr►ut,r. to me to be Lhe : ecreLnr�t of V;t11co Par Lhe corporaLion Lha t e.c:rcuted t)-sev:ithir: ::r:;:ruc�enL and knortn to me to be the p^r:ons who exccut(fd the within in:;trumont on tiel•alf of :.aid corporation, raid corporation lieu.(; known to me to be on^ of the parLner:: o: Vallco Park, Ltd. , the partnership that ext:cut the sa.mo a:; such partner and that such partnership executed the J,i:ma 0 My corunission expires: SIPATIs OF CA1.1"011NIA COUNTY OF SAIITA CLARA �S5 On this y'~ day or Ra6&c7- in the year/47)-before--ma., the: urderal,uned, a hUtary Public personally nppearcd Will 1.1. Lte esr -.�:i^I^ 1 n_ mn _1•� I.n._ n►l • .. *-- ..ham_. �rnH�f�_�1 l+t_rl+)-..i-�(�' f1 _�1�� 0; l that executed ~uie vilthi.n instrument and acknowledged to me that ` such partnership executed the same. • .44itary 1'u lie My commission expires: 2 OFFICIAL SEAL CHRIS SADOWSKI NOTARY wK;C •'CAUFORt.U1 STATE OF C ;LIFORUTA mNarA� oFacE 1N .THY COUN" OP z"nA C" COUI:TY OF SANTA CLARA On LhAs y"'o cTny of 4N4wST 1n the. year NjU before:. r.^ i,r . j under:;igned, a •IjoLary Public, ersonall;r appeared •Uurrel. Le,:•rr;r:•d known to we to I,c one of the General partner:; of the ,p.:�•i•nL•i•::1�:�;z th;,t exc•cuLcd tare within in; ; i•tuncnt and acknowled0ed L'o mu than such partner-jl.ip executed the sale. 10 tai•S' !'ub11C . I9y commission cxvires: _ _ OFFICIAL SEAL CHRIS SADOWSKI NOTARY-IPUIUC • CAL.FORNrA mHoiPAL OFFICE m M@ COUNTY OF SANTA CLABA• w C...�,o. ewGw w; 2,. ,9!� J d 571 ► 028 MMIBIT A To SUPPLEMENTAL AGREL1rGNr All that certain real property situate -in the City of Cupertino, County of Santa Clara, State of Califor*L& being a 140 foot wide strip, bounded by planes projected vertically at the parcel limits, above the horizontal plane at eleva;ion 195.5 feet, according to the datum of the City of Cupertino; City of Cupertino Official Benc Mark BH -1 • Elev. 179.40.) the centerline of which is described as Pollows: BEGIHNOG at the monument at the centerline of Wolfe Road and Vallca Parkway, as shown -on that certain Parcel MAP, recorded in Book 325 of Maps at page 12, Santa Clara County Records; -thence northerly along the centerline of Wolfe Road as, shown on said Parcel Map, N V0511411 W, 496.56 feet; thence at right angles S 88.54146" ,W, 94►.00 feet to tie .TRUE POINT 1d OF BEG?MG; -thence N 88.54'46" E, 170.00 -feet;,' The easterly terminus being the easterly right-of-way line of•Wolfe Roa4 and _the _westerly terminus beim the westerly right-of-way line of Wolfe Road. ' EXHIBIT A B 571 ?y,,f Zq EXHIBIT B TO SUPI'. '"AL kL RUMENT Ail that cert Clara,real Sr.patetofBG lifornfate in ,hmoretpartiof cularlpno County of San described as follows: BEGINNING at the intersection o; the moaument line of Vallco, Parkway as shown on that certain Parcel Map, recorded in Book 325 of Maps at page 12, Santa Clara County Records, with the atonement line of Wolfe Road as shoarn on said map; th._nce leaving said monument line of Vallco Parkway along the norgherly projection of said monument line of Wolfe Road, N 1 05`14" W, 426.56 feet to the TRUE POINT OF BEGILTING; thence S 88054'46" W, 14.50 feet; thence N 1005'14" W, 140.00 feet; thence 'M 8805446" E, 32.00 feet; thence S 1005'14" E, 140.00 feet; thence S 88054'46" W, 17.50 feet to the TRUE POINT OF BEGINNING. 5 71 ��;f 730 EXHIJIT C TO SUPPLEMENTAL AGREEMEN'8 All -that certain real property situate in the City of Cupertino County of Santa Clara State of California, and being more parti- cularly' described as follows: ' BEGINNING at the monument at the intersection of the'centerline of Wolfe Road and Vallco Parkway an shown on that certain Parcel Map', . recorded in Book 325 at page 12, Santa Clara County Records; thence along the westerly prolongation of the centerline of Vallco Parkway as shoran on said Parcel Map, S 88'54146'1 W, 94.00 feet; thence leaving saidprolongation aiont, -: lime parallel to and 94.00 feet westerly of said centerline of Wolfe Road, N 1'05114" W,'924.22_ feet to the TRUE POINT OF $EGI MING; thence continuing along said parallel line N 1°05'14" W, 95.26 feet; thence along a tangent curve to the right whose -radius is 100.00 feet, through a central angle of 20°56109", an arc length of 36.54 feet to a point of reverse curvature; tnc:&ce along a tangent curve co cne les"t,�:�u,r,�- through a central angle of 18"28153", an arc length of 32.26 feet; thence tangent to said curve N 1°22102" E, 71.50 feet to a point on the right-of-way line of the lands of the State of California; thence leaving said right--of-way line N 88"54'46" E, 171.63 feet to a second point on said right-of-way line; thence southerly along said right=of-way lineS 15x06131" W, 63.83 feeit; thence leaving said right-of-way lim southerly along a line F :allel to and 76 feet easterly of the centerline of Wolfe Road as shown on said Parcel Map, S 1"05114" E, 172.58 feet; thence at right angles S 88°54'46" W, 170.00 feet to the TRUE POINT OF nEGINNINC. y r ~ E)a11DrT C 3 5 7 rnx?:31 All that certain real property situate in the City of Cupertino, Ccnnty of f ants Clara, State of California, being^ �a 10 foot wide strip, bounded by planes projected vertically at the parcel limits below -!.n; borisoutal plane at elawtion 1-21.0 fest, according t� the catue of the City of Cupertino (City of Cupertino Official Sench t+srk BM -1 = Elev. 179.40), describ"d as follows: 4 BEGINNIM at the intersection of the moment line of Vallco Parkway as rhowa on that certain Parcel Map, recorded in Book 325 of Maps at page 12, Santa Clara County Records, with the monument line of Wolfe Rcad as shown an said *yap; thence leaving said mostument line of VallcoParlariy along the naw a rlyy projection a; said*vmwmtnt line of Wolfe Road, N 1 05'14" W. 426.56 feet; thence S 88054'46" W, 84.00 feet to the ?BUS POIZtT OF MIMING; thenco continuing S 88054246" W, 10.00 feet to the masterly line of Wolfe Road; thence along said line N 1005'14" W, 2040.00 feet; . thence leaving said westerly line, It 8S054946" 8, 10.00 feet; thence S 10051114" E, 140.00 feet to the ?BUS POINT OF BEGIN. ;r�;"T ;`�: , , EXHIBIT D ''-� THIS IS TO 1�� "THE 1NITHIN INSTRUMENT'; RENT COPY OF THE CLJI FILE 1 IS OFFICE. ATI CITY CLeltor" C I G •� ;.: its , y � . c .. Y fsSs 30 B. 571 RESOLUTION 110. 3990 A RESOLUTION OF TBE CITY COEMCIL OF TU CITY OF CUPERTIMO NDDITYING EXISTING AIR RIGHTS ACREQQR! BEM= TBE CITY 01 CUPERTINO AND VALLCO PARK, LTD. TO UMV--E TOOTING EASENENT iiiiER AS. the City Council did authorise on October g. 1974 the execution of an Air Rights Agresmunt by and between Vallco Park. Ltd.. a California United partnership, wd the City of Cupertino; and WHEREAS. said agraesint allows for further definitinq of wemsnts as required by either party; and WHEREAS. Vallco Park. Ltd. requests the Incorporation of legal descrip- tion ou Wolfs Road to clarify the extent of easemsats; y vOY..TH>AORE. R8 IT RESOLVED that the Mayor and the City Clerk are hereby authorised to execute the Supplarnt to Agresseat in behalf of the City of Cupertino and have said Supplement to Agreement recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cuperciao *.his A,k_ day of Aummt . 1975,j by the following rotes Vota Members of the City Council •_ r ATPS: Frolich, Mayers, Nellis, Sparks NOES: jfckaon ABSENT • Nona ALSTAIN2 None APPTOVEDS x /s/_ Jades B. Jackson Mayor. City of Cupertino ATTEST: City Clark .•• - ., ._,,..,a.wra ,. k • _ } A .. .fit � � � -•� „,`�,�'Sy,�•M -' � •,,�r�F r� '` � •.., � � t~ THIS IS TO 1�� "THE 1NITHIN INSTRUMENT'; RENT COPY OF THE CLJI FILE 1 IS OFFICE. ATI CITY CLeltor" C I G •� ;.: its , y � . c .. Y fsSs