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Vallco Park Ltd. 2nd amendment 5-3-76 Reso 4161 (x-ref 91-023)M 1 -� orsog b C 280 ma?3 ) pU��C rR1 }} �v 7 l7 ,0T IRE �+ { V T 1C7 lC/� .,;.r iD Fti�SV it 1. iUd.\ 4.i" cJ.a�E i���UNCT' i O RE C:. �!I 011 l.\.'k F.• ` IBO MODIFYING zLXJl "INC Alii R4T_Gu S :JGUEI4FN OF C-UPERTINO &ND VA'�I 'O PARK, V1. fa . WHEREAS, the City Council did authorize oc. October 8, 19714, thy- execu':io: of an Air Righr2 Agreereat by and between Va_lco Park:, Ltd. , a Cal,:ifoinis. Limited partnership., and the City of Cupex°.ino and fv.trher .;mended by Suppie- ment to Agreement dated as of August 5, 1975; and WEnF.AS, the city and Val.,'co desire t5 a -,4e ct -^•e existiiiS Agreement 11.n `SE' !:. forth in Second Amendment 2:o RgrFr�me_l t ; and W11M.AS, the C:ty hereby quite•aaims and r4:leases to Vailco all of its title, and iait•erest under the existing agreement and as cies,:ribed in Exhibit "B" of Second Amendment to Agreement; N'CW, TjiEREFORE, RE IT RESOLVED thst the M.iyor and the City Clerk* are t,ereby authorized to execute the Second Amendment to Agreement in behalf ::f "h¢: City of Cuperi:ino and have raid Sicofad Ame,-dizenz: to Agreement recorded. PA>SSED A:iD ADOPTED at a reg'ilar weexing, of thr City Council of the :;icy or Cupertino this .3xA_ day Of._.''.iii'. __9 1976, by tho following vote:: .0C>cft1 _ A%�2 " Va•VoteMe►nbers of the C,,+:Y Council �'' -w I>r fA AI E,S: Frolic.h, ?ackson, Nellis, O'Keefe, Meyers mf7w0 rr,-q )F& an Ay rU �:�X Mone ; vfft 0=0 None f� aINkD� ro a:;3T,.Ifii: None N� V2 � Z7)ti� NO FEE ATTEST: City /s Robert W. :levers -Mayor, City of Cuper'z iuc � a .._ bF a CITY CLER. 1 s ' A / ..fir • d � ' � • Y r i �� F 'Y•rw,p` � � j y�Yi Rt It ,� a �' -/..{,f1�.10>^i� ) __�'M..r.'�4 YM Wf}[W1Nw..•sr.. Ai..0-.. .. wi+n�+.�� .. ....�� �". .. , ), Z SECOND AMENDMENT '20 AGRUEMENT THIS SECOND AMENDMENT TO AGREEMENT made and entered into as of March 1, 1976, by `nd between the CITY OF CUPERTINO; (-kLIrOINIIA, a municipal corporation ("City") , and VALLCO PARK, L.TrJ' . , a California. limited partnership, W z T N E S S E T H: A. City and Vallco are parties to a. certain Agreement dated October 8, 1974, recorded October 17, 19'74 in Book B135 of the Official Records of Santa Clara County; California, at Nage 370, as amended by Supplement. to Agreement dated as of August 5, 19751 by and between .ity and Vallco, recorded in Book B571 of the Official Records of said Comity at P:Age 724 (the "Exist.ing Agreement") B. City and Vallco desire to aw iF�nd the E.)::.:Lst--r'.g Agreement in the manner hereinafter set forth. NOW, THEP.EFORE, in consideration of the mntual covenants rind agreements herei.iiafter set forth, it is agreed as follows: 1. The location of the perpetual and exc�usive easement granted by City to vall.co pursiiait to Paragraph 2 a) (ii) of the Existing Agreement shall, notwithstaiiding the locat-on therefor designated on Exhibit B to the Existing Agreement, be in the iacai io-n described in Exhibit. A attached hereto and by this reference made a cart thereof. 2. City hereby yu.itclaimi; am releases to Vallco all of its right, title and interest uiider the E� ting Agreement in and to the real property described in :Exhibit L attache•_i herr--to and by thin roiarence made a parr tievr-ofp d�Cf S/MAc..l'�rd! �:,...ra's::t iir Y:sna► :k4� j�f w i�Rs C provided howevr.r that nothing here:;.n cUntained shall be. & �med to xel:�asu Vallco frorr the obligation to nay to City the suras set forth in paragraph 1.2 of ::he .Exi _;t;_n,1 Aarneire ,t . 3. Except as hereby amended, the Existing Agreement shall remain in full force and er ect and; as hereby amended, is ratified and confirmed and sttall bind and benefit t,' -,e parties h Preto and their respeci.-Lve successors, su.:-cessors in interest ac,a :,ssigns. IN WITNESS WHEREOF, the parties hereto have execute2 this Agz-r�er►ent as of the day and year first above written. CITY Of CUPERTINO, CALIF OPNIA ATTEST: lay ,.....1 Mayor, City of Cupc�s tiro City Cle f VALLCO PARK, LTD., �y By Its Viree General Partners;;,. i 1 . `lallco Park ,a je California By fir- =a By o'li'crcw' " Secretary 2. - Will W. Lester Burrei Leonard I r Q C !OC PA6E240 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SANTA CLARA ) On this /Vr day of April, 1976, before me, 844&j*A C. , Nota.:y Public in and for the County of Santa Clara, State of California, personally appeared IPoRwar w• MCV and A)0- QYZ)ZQ , known to me to be the Mayor and City Clerk, of the City of Cupertino, a public corporation, and known to me to be the persons who exec,atea the within instrument on behalf of said public corporation and acknowledged to me that such public corporation executed the same. �w0000e_ OFFICIAL SEAL Barbara C. Leeper NO'APY PU8LIC • CAL FJRN1A PR NCIPAL CFF:CE IN THE Ci UNTY OF SANTA CLARA My Comtniuion Expires Jul; I, 1980 r . IP 40 . r t STATE OF CALIFO NIA ) ) ss. COUNTY OF SANTA CLAIM ) On this 28th day of April, in the year 1976, before me, the undersigned, a Notary Public in and for said County and hate, personally appeared EURREL LEONARD known to me to be the President and WALTER P. WARD known to me to be the Secretary of Vallco Park, Ltd. the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being known to me to be one of the partners of Vallco Park, Ltd., the partnership that executed the same as such partner and that such partnership executed the same. �It 91(//1111/hl//O1/N199(1(9Ut(/1(tp(11/11((19///M/y � My commission expires: os IctAL SEAL 0 i ,CHADO NOTARY PU•t!_iC-''ALiFORN IA L' L' `� COU.:I Y pF 7, L.Ai.tiE DA My Ccmmlarlcn Gpuet lune 13, 1977 ���:: /:iial[[/I[ICIC' "e., CI_•; UStlSlp/i!!.I9[[li(1/t� STATE OF CALIFORNIA- ) sS. COUNTY OF SANTA CLARA ) On thi-_ 28th .day of April, in the year 1976, before me, ti,e undersigned, a Notary Public, personally appeared Bvr�el Leonjlyd, known to me to be one of the general partners of the partnership that executed the within instrument and acknowledges: to me that such partnership executed the same. Notary Publ;c Qill 1!(11/1(////p1D(191tl 9[/11t1v:9 5 [U11111111111/111/ 11 My commission expires: �DFFICL%L SEAL CeFRT!;'. 10F N J ,r Ai'i-iADO _ F'U9:.:C :L!FCRpIA �. LOU -Y i.F ALAtA,;DA _•� :•9.: kty �mt[l ytt! Its 11197 /1 ,14' Is .s.. • 01 Notary Public May commission expires:.4v � -:UI-=7111»a7n[ugsun•7.:[: -,•t!`!1C•7:Itlf[q/yll t C ­ Ry PU:_- AI_IFJi2N 1A My C ­.". —i" Epp, sa ;ur,e 19. 1977 �//9U/((1[/11/q///[/!11[Slttlt2N't lU0lS7l?[+191//11t� STATE OF CALIFORNIN ) ss. COUNTY OF SAFTA CLARA ) s On this 28th day of ' April, in the year 1976, before me, the undersigned, a Notary Public, personally appeared Will W. Lester, known to me to be on,2 of the general. F partners of the partnership that executed the. ,aithin instrument and acknowledged to me 1 -}:at such partnership executed the same. E Notary Public �It 91(//1111/hl//O1/N199(1(9Ut(/1(tp(11/11((19///M/y � My commission expires: os IctAL SEAL 0 i ,CHADO NOTARY PU•t!_iC-''ALiFORN IA L' L' `� COU.:I Y pF 7, L.Ai.tiE DA My Ccmmlarlcn Gpuet lune 13, 1977 ���:: /:iial[[/I[ICIC' "e., CI_•; UStlSlp/i!!.I9[[li(1/t� STATE OF CALIFORNIA- ) sS. COUNTY OF SANTA CLARA ) On thi-_ 28th .day of April, in the year 1976, before me, ti,e undersigned, a Notary Public, personally appeared Bvr�el Leonjlyd, known to me to be one of the general partners of the partnership that executed the within instrument and acknowledges: to me that such partnership executed the same. Notary Publ;c Qill 1!(11/1(////p1D(191tl 9[/11t1v:9 5 [U11111111111/111/ 11 My commission expires: �DFFICL%L SEAL CeFRT!;'. 10F N J ,r Ai'i-iADO _ F'U9:.:C :L!FCRpIA �. LOU -Y i.F ALAtA,;DA _•� :•9.: kty �mt[l ytt! Its 11197 /1 ,14' Is .s.. • 280 PAC1242 All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a 20 foot wide -strip, bounded by 'planes projected vertically at the parcel limits, above the horizontal plane at elevation 196.50 feet, according to the datum of the City of Cupertino; (City of Cupertino Official Bench Mark B14-1 - Elev. 179.40) the centerline of -,which is described as follows: BEGINNING at the monument at*the centerline of Wolfe Road and Vallco Parkway, as Shown on that certain Parcel Map, recorded in Book 325 of Maps at page 12, Santa Clara County Records; 'thence easterly along the centerline of Vallco Parkway as shown on .said Parcel Map, N 8805446" E., 314.06 feet; thence at right angles S 1*05'14" F." 55.00 feet to the TRUE POINT OF BEGINNING; .Ahence N 1*05'14" W, 110.00 feet. The northerly terminus being the northerly right-of-way line of Vallco Parkway and the southerly terminus being the southerly right - Of -way line of Vallco Parkway. Exhibit A • 0 t W"W _!.i , 0 Legal De•.r;ription All that certain real property situate in the City of CupertL' County �. of Santa Clara, State of California, :aore .particularly described as -follows: ;'BEGINNING at the intersection of the monument 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 monument line of Wolfe Road as shown on said map; t-ence along said monument line of Wolfe Road, N 1`05114" W, 75.00 feet; thence leaving said monument line at right angles thereto N 8854'46" E,, 76.00 feet to the TRUE POINT OF BEGINNING; •thence N 1°05'14" 1-1, 212.91 feet; thence N 88°54'46" E, 243.84 feet; thence N 105'14" W, 46.19 feet; thence N 88°54'46" E, 65.00 feet; thence N 1 ° 05' 14" W. 347.65 * f eet; thence S 8854'46" W, 48.02 feet thence N 46°05'14" W, 75.68 feet; -thence N 1°05'14" W, 432.70 • thence N 8854'46" E, 384.58 feet- r- _ paint in the northeasterly line of Pare_ -1 1 as shown on said Parc, i :,fat,; thence along said northeasterly line S 60°14'49" E, 123.58 feet to the j northeasterly corner of said parcel, said corner being common to the most northerly corner of Parcel 2 as shown on said map; thence along the easterly line of said Parcel 1, said line being common ;:o the westerly line of said Parcel 2, S 1'0.5114" W, 1049.61 feet to a Er point in a line that is parallel with and 55.00 feet northerly measured at right angles from aforesaid monument line of Vallco Parkway; ..thence leaving said common line along said parallel line S 88`54'46"W, 678.00 feet; , thence leaving said parallel line along a tangent curve to the right having a radius of 20.00 feet, through a. central angle of 9000'00", an are length of 31.42 feet to the TRUE POINT OF BEGINNING. i. 7 Xxnibit B , . t ,�. • 1 w .. a :w �ndww >.-n�.,.r�.-r�iv'ib•�r�sk . �1. Xxnibit B , . t ,�. • 1 w .. a :w �ndww >.-n�.,.r�.-r�iv'ib•�r�sk . �1.