Vallco Park Ltd. Modify agreement for exclusion of J.C. Penney site, 5-3-76 Reso 4163RESOLUTION N0. 4163
A RESOLUTION OF THE CITY COUT'CIL OF THE CITY OF CUPERTTNO
;AUTHORIZING EXECUTION OF AGREEMENT BE'I1dEEN THE CITY OF
CUF *RTI,';O AND VALLCO FARK, LTD. MODIFYING EXISTING PEVEL-
OFMt ENT AGFF-E TENT FOR THE EXCLUSION OF THE J. C.
NNE
SITE
WHEREAS, Vallco Park, Ltd. desires to Lrodify the previously executed
development agreements to aI.low for exclusion of the J. C. Penney site within
Vallco Park; and
t.*HERLAS, a modified agreenenr attached hereto, delineates and defines
the changes mutually agreed to by the City and Vallco Park, Ltd.;
NOW, THEREFORE, BE IT RESOLVED
modifiedthe
agrMayor
eementand
inthe
behalfCity
ofClerk
the City
hereby authorized to execute
of Cupertino and have it recorded against the land.
PASSED AND ADOPTED at a regular mE.eting of the city
Council
wif the
City of Cupertino this 3rd day of P=ay1976, by the _,
Pi b rs of the City Council
Vote em --
AYES: Frolich, Jackson, Nellis, O'Keefe, Meyers
NOES: None
ABSENT: None
ABSTAIN: None `
APPROVED: y
/s/ Robert W. Meyers
Mayor, City of Cupertino
ATTEST:
E. Ryder
City Clerk
'Y J
THIS IS TO CEATIrY THAT TN'_ \'WITHIN
INSTRUMEN-F IGATRUE AND CLIRRE=TCOPy
OF TNF ORIGINAL. ON FILE IN THIS UFf ICE.
ATTEST
CITY CLERK, OF THE CITY OF CUPERTINO
�,�++ 54pp11367
t� !G3 PAGE 65
Recorded at the request of
Western Title Gunranty Co.
SLP 15197x; 8:01Ahi
GEORGE A. MANN, Recorder
soma Clea Coully, Official Recuds
A G R E E '1.E :� L
C ?3 F.,UL [jr;
This AGREEPfENT made and entered into this day of
19� by and between the CITY OF CU PERTI:lO, a municipal
corporation of the State of California, hereinafter designated as CITY, and
VALLCO PARK, LTD., and VALLCO CENTER, INC.
hereinafter designated as Developer.
W I T N E S S E T 11
WHEREAS, the Developer has made application to the C?tY for a
USE PEP -MIT
and is securing a building permit from CITY to construct and. maintain a
VALLCO FASHION PARK - A REGIO14AL SHOPPING CENTER ,
hereinafter referred to as "Project."
WHEREAS, the CITY hereby agrees to permit deferment of required development
improvements in accordance with the provisions •of this AGREEMENT, and
WHEREAS, the Developer_ hereby agrees to provide necessary improvement plans
and sp^_cifications at such time as they may be required 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 rf_r
guarantees as outlined herein to assure compli3tice with conditions "6f development'
approval, and
WHEREAS, pursuant to the provisions of this AGREP-4ENT, the CITY hereby
establishes the amounts of Bond, Fees, and Deposit as set forth in the following,
schedul_c.
n t Y i'9
Faithful Perfor=ance Bond.
A.
� art
$ Deferred
.�
$
Deferred
ZM
Labor and Material Bond:
67
$ Deferred
.�
$
Deferred
Part B.
Labor and Material Bond:
,a.
'Fee:
$
Deferred
Part C.
Checking and Inspection.
$
Deferred
Part D.
Indirect City E`cpeases:
r
-:
Part E.
Development Maintenance Deposit: 1_
?art F. Storm Drainage Fee:
Part G. One Year Power Cost:
Part H. Tree Fees:
Part I. i -tap Checking ' ee:
Part J. Park Fee:
$ N/A
$ N/A
$ Deferred
$ N/A
$ N/A
Area N/A ----
N/A n Clot Applicable
- v pr T ISN -- !UTUALLY ;,GR: -:-KD by and between the parties hereto
t;0,1, THEREFORE, 1 -
ns follows, TO-FTIT:
ICATIO1;
er o r
1-0 dedicate th^ _ 1 property shown on
(a) The Develop
eof b�yreference. SaidExhibit "A", .hich is a _ tereto and made- a pal _ _,,e property shall be free andclear of all liens or enances e
-2-
C ?8.3F��E es
�ose which the CITY shall expressly waive in writing. The Developer agrees not /
.to re ke said offer of dedication, and to keep said offer oZto
acc=pts sa offer by resolution.
(b) Up execution of this AGREFi17—NT the Developera properly executed gr t deed to the CITY of the real prope
Exhibit "A", and such other ecuted conveyances, or i truments necessary to
convey clear title as herein req ui d. The Devel er, shall provide, at the
Developer's sole cost and expense, to CI
(1) A preliminary title Dor ssued by a title insurance company
relating to the property off red for de cation; said Preliminary Title
Report shall be furnishe
(2) A standar policy of title insurance ' sued by a title insurance
company and incur= g the CITY in the s= of $ and
which shall sh said property free and clear of alllens or encumbrances
except those as the CITY shall expressly waive in writi., ; said policy
shall be rni.shed at the time of acceptance of dedication nd recordation
of dee
Upon the condition precedent that the Developer shall perform ach
and e ry covenant and condition of this AGREE"1 :?T, the CITY agrees to accept sal'
eal property offered for dedication.
2.. INSTALLATION OF WOFr:
It is further agreed that:
(a) The Developer shall install and complete the Flora: within one (1)
year from the date of execution of r.hir, AGREE.•fE.NT, or such longer period as may
be specifically authorized in writing by the City En;ineer. In the event the
Developer fails or refuses to complete_ the Work within the specified period of
time, the CITY, at its sole option, .hall be authorized to complete the Work in
whatever manner the CITY shall decide. In the event the CIS' completes the Work,
the CITY may recover any and all costs incurred thereby from the Developer or the
Developer's surety or both.
(b) The Developer shzil install acid complete the Wor� in a good and
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C 283
.workmanlike panne; in accordance with the planz as approved by the City Engineer
-of Cupertino. The Work shall be done in accordance with existing ordinances and
.resolutions of the City of Cupertino, and in accordance with all plans, specifi-
cations, standards, sizr_s, 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 workmanshipmeets the standards, specification, plans, sizes, lines
r
.end grades as set forth.
(c) It is further agreed that the Work shall be done in accordance
vith the Standard Specifications of the Depar—ent of Public Works, Division of
Highways, State of California, dated January, 1973 and in accordance with the
_.---6i;6ecif-ications--af.-t'►e—Cupez-tinoSanitary District where applicable.
Wherever the words "State" or "Division .of highways" are mentioned in the
State Specifications, it shall be considered as referring to the City of Cuper_ino;
-also wherever the "Director" or "Director of Public 'Works" is mentioned, it sinal'_
-be-considered as referring to the City Engineer.
In case of conflict between the State Specifications and the specifications
of the City of Cupertino and/or the Cupertino Sanitary District, the specifications
.of the City of Cupertino and/or the Cupertino Sanitary District shall take prece-
=dence over and be used in lieu of such conflicting portions.
3. rnCAV..TiON PEF:,1IT
..It is further agreed that the Developer shall comply with Section Three of
Ordinance No. 130 of the City of Cupertino by obtaining an excavation permit f-cn
.the City Engineer before the co.-mencerenr_ 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 EnLineer of the e_-�act
date and time when the proposed ex.cavaticn is to cc=once.
• -4-
C 283 PACE 70
UITCLAIK DEED
It is furt reed that Developerp whan requested by the CI 1
` ,quitclaim all his rights and interest and shall to CITY authorization
to extract water from the undergro rata lying bene aid project and
Developer agrees ecute a "Quitclaim Deed and Authorization" in fava
when presented to him for signature.
5. BODTDS AND OT= SECURITY �
(a) Upon the execution of this AGREEIMTT, the Developer shall file with'
the CITY a faithful performance bond to assure "iris full and faithful performance
of this AGREE~:ENT. The penal sum of said faithful_ performance bond shall be the
fu11 cost of any payment to be made under this AGRr —1EITT, the value of any lana
--._..agreed-to-be dedicated, and -any--improvements te-be'-m.-rie unde-r -tbis- AG1_7.E-E7_L-1T. In
the event that improvements are to be made under this AGR TENT, the Developer
Shall, in addition to said faithful performance, file with the CITY a labor and
r.ater.ials bond in a penal svza adequate to assure full payment of all labor and
-materials required to con,�..uct said improvements. The amount of paid bonds
�.T
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
rust 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 AGRr�fENT, or to make any payment, or any dedica-
tion of land, or ary improvements herein required, the CITY shall call on the
surety to perform this AGREL.1E:7T 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
AGgLE!H_IrTT by depositing with the CITY:
(1) Cash; or, C 283 PACE 71
(2) A cashier's cher.}:, 'or a certified check, payable to the order
of the CITY; or,
(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, certi--icae of deposit, or instru-
ment of credit shall be as designated 'by the City Engineer, and shall be the equiv-
alent 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 conditions. of this ACS EEMENT, or to make any payment, or
any dedication of land, or any improvements therein required, the CITY may apply
_ e._pzoceeds o.f .s -aid security thereto.
(d) No release of surety bond, -cash ,deposit, check, or certificate of
deposit, shall be made except upon approval of the City Council. •
(e) No interest shall be paid on any security deposited with the Crit.
6, CF.EC1K'1, G AND i'7SPECTION FEE
It is further agreed that Developer shall pay any and all necessary direct
expenses for inspection, checking, etc. , is curred by CITY in connection with said
Project, and that Developer shall have deposited with CITY, prior to execution
-of this AG?,EF.XE:iT, the amount as set forth hereir, at Page. 2 •(Part C) . Should con-
. -action cost vary materially fromm the estimate from which said sum is calculated,
_-''•the ity Engineer shall notify Developer of any additional sum due and owing as a
-result thereof.
-6-
y w tA;cif+r,�9rrwni4i�xeaean�^;xt�r�;e,.u.'iak«�f4Ag;CaY `"�*�I�j,?7G1.
C 283 Ptu 72
7. INDIRECT EXPENSES prior to
It is further agreed that Developer shall pay to CITY,
E�iENT, indirect expense .allocable `'.o processing these
execution of this ACRic.
set forth hereinat Page 2 (Part D)
Improvements, the amount as.
7A, MAp FILING FEE
It is further agreed that the -Developer shall deposit with CITY,
to execution of this AGREE14ENT, for office checking of final nap and
prior -
field checking of street monuments, in compliance with Section 4:1 of
Ordinance No. 47 (Revised 12/4/61) of CITY, the amount as set forth herein
at Page 2 (Part I).
-6A-
B. DEvaoF.4E:1T I AINTENANCF DEPOSIT C 9-83 wE 73
• It is further agreed that the '7eveloper shall pay to the CITY, prior to
execution of this AGRF�1ENt, the amount set forth herein at Page 2 (Part E) as a
�A
--development maintenance deposit to insure proper dust control and cleaning during
the construction period. The development maintenance deposit may be utilized for
Sep airs of defects and imperfection: arising out of or due to faulty workmanship
,� appearing in said work during the period until release of the
.and/or materials app g
-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
Y'
t
s
.4
YS
the release of the L-nprovement bonds.
9. STOPM DRAMAGE FEE
agreed that the Developer shall pay to the CITY, prior
It is further ag
to execution of this AGF.F=iENT, . a storm drain; ge charge in connection with said
•••- ,,y Section 13:5 of Crdinance
Project in accordance with the requirements esta —"�
- 4l (pe wised 12/4/G1) of CITY in the amount as set forth herein at Page 2 (Part F).
a'
=;
r?
a
10. ONE YEAP, PO'..7ER COST
y
It is further agreed that the Developer shall pay to CITY prior to execu-
tion of this AGRERM&NT, the amount as set forth herein at. Page 2 (Part G) , which
Zmount represents the power cost for street lights for one year.
11.. FEES FOP, TRE I2iSTALLkTIO_ I OF STREET TREESjj
1t is further agreed that the CITY shall, at such time as deemed appro-
priate by the City Engineer, plant and maintain street trees in conformance with
payment for said installation and main -
the standards of the City of Cupertino. AS pa Ym
-tenance by the CITY, the Developer shall. pay to the�GCITY, prior to the execution
of this AGpWE1E17T, the amount as set forth herein at Page 2 (Fart II) , .which amount
e resents the fees for -installation and maintenance of said street trees, having
YP
been calculated at the unit price of $15.00 per tree.
�
i
.j
i
12. PARY FEES
•It is further agreed that the Developer shall pay such fees and/or dedicate
_
R
.1
such laird to the City. ; rior to execut{.on, as is requ_ .d within "Park Dedicatiaa
•.Ordinance" Number 602, 1972 and which is furtbar stipulated under Park J., page 2
herein. 983 PAGE 74
13. ' MAINTENANCE OF THE WORT:
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 Develpper shall, upon written
notice thereof, immediately repair or replace, without cost or obligation to the
City of Cupertino, and to the entire satisfaction of said CITY, all defects and
-imperfections arising out of or due to faulty workmanship and/or materials appear—
iag in said Wort_. `
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 Devaloper has entered into a separate AGREE:*S.NT 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 No. 13 above has been
filed.
1S: GOVEFITHENT CODE
It is further agree2 that Developer shall file with CITY, upon execution
---of this AGREE"�'!T, substantial evidence that all pro-risions of Section 66493,
Article 8, Chapter 4 of the Government: Code, pertaining to special assessments
or bonds, have been complied with.
16. CENTRAL FIFE DISTRICT
It is further agreed that the Developer shall file with the CITY, upon
execution of this AGREE EN—r, a letter from the Central Fire Protection District
of Santa Clara County, stating th•:t the Developer has entered into an ACREr !Z. T
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 (S) year rental fee of said hydrants. C
983 nu 75
17, STREET LIGHTING
It Is further agreed that the Developer shall apply for the ins talla - ion
of electric power for street lighting at the earliest date possible.
18. P•.G.& E. ASND P.T.& 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 underground wiring circ?At.s to
all electro3'ers within said property and any and all fees required for under -
grounding as provided in Ordinance No. 331 of CITY when Developer is notlf ied
by -either the City Engineer or the Pacific Gas and Electric Company and/or Pacific
Telephone and Telegraph Company that said fees are due and payable.
lg. P.ASEMEtITS AND RIGHT-OF-WAY
it is further agreed that any easement and 171ght-of7way necessary for
completion of rhe Project shall be acquired by the Developer at his own cost and
e-cp.2nse. 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 s= .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 provided that
:in addition thereto, such sums as nay 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 CITY.
20. HOLD FORMLESS
It is further agreed that, commencing with the performance of the Work
by the Developer or his contractor and continuing until the completion of the
maintenance of the Work, the Developer shall indemnify, hold and defer d
the CITY from and against any or all loss, cost, expense, d:,maZe or liability,
or claim thereof, occasioned by or in any way whatsoever arising out of the pe:for-
ME
• 'mance or nonperformance of the Work or the negligence or willful mi:zcanciuct of
the Developer or the Developer's agents, employees and independent contractors.
u. INSvCE C -283 PAGE 76
It is further agreed. that: The Developer shall take out, or sh.:.11 require:
Sed to perform the Work to take out, and maintain at all times
any contractor enga
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 o`, the City
Council of the City of Cupertino, individually and collectively, and the officers,
agents, and employees of the CITY individually and collectively, .s insured. Said
.separate policy shall provide bodily injury and property damage coverage to the
foregoing named CITY and individuals covering all the GIork performed by, for, or
on benali of said Developer.
Bothbodilyinjury and proper Cf 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 insurance against the loss covered by'
said policy or policies, that other insurance shall. be excess insurance only.
(a) -Each of said policies of insurance shall provide coverage in the
-following' minimum amounts4 for bod_Uy injury, $100,000 each person; $300,000 each
occurrence; pro d:L:aa r}� $50,000 on account of any one occurrence with an
property t'> -
--aggregate limit of n0't less than $200,000.
.(b) The '..tveloper shall file with the City Engineer at or prior to the
time of execution of thi,, AC: 21EvT by the Developer such evidence of said foregoing
.policy or policies of insurance as shall be sarisfactory to said City Engineea.
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 thercof.
(c) In the event that the Project covered herein should be mutually
-10-
••wateq�tr„wi?rn�
C ?S:� -�
PACE
situated in or affect t.,e area .of Jurisdiction of a separate municipality or
io:litical subdivision of the State of California, the policies of insurance
required herein and above shall co -name such municipality or political sub.-
'ivision and the Irovision set forth herein and above for the protection of the
v of Cupert'.to shall equally apply to municipality and political subdivision.
22. DEFERMENT
It is further a3reed that rhe Developer shall furnish, construct,
:d install at his own expense, either upon six (6) months notice from the
:TY, in which event the Work must be completed -within one (1) year thereafter,
no later than five (5) years and sic (6)
in the absence of such notification,
nths from date of this AGREEMFNT, the following improvements:
netters correspond
to Conditions of
Approval 6-U-73
b. Construct Vallco Parkway to six lanes Eron. the east end
of the parking lot to Tantau Avenue and widen north Side.
-� -� o ramp a . •
P.- •cl.gnal installation at Tantau Avenue and Vallco Parkway.
£� _ no e-Road—s-i.-gn a-1—Mod i f i,Ca t iro n.
�_ liom-�ttad--Rcnrd—aTid--TzTrt-5- ASR igna modification.
\J
Until such notification is made by CITY, or such time has elapsed,
ions numbered 2, 3, 4, 5, 6, 7, 7A1.8, 9., 11, 13, 14, 1.5, 16, 17:_18, 19,
21 , are hereby deferred. The Developer further agrees to cooperate, upon
ce by rhe CITY, with other property owners, the CITY and other public agencies
rovide the improvements set forth herein under a joint cooperative plan, in-
;ng the formation of a local improvement district, if this tLethod is feasi'j)1�
,.pure the installation and construction of the i_ipro�e�c�n�s.
C 283 PAGE 78
23. SUCCESSORS - RUN WITH LAND
This AGREEMENT shall bind the heirs, administrators, executors,
successors, assigns and transferees of Developer. It is agreed and understood
that this AGREEIIENT shall be filed for record in the Office of the County
Recorder of the County of Santa Clara, Stare of California, and that the
covenants in this AGREE:4ENT shall run with the land, a description of which
is contained in Exhibit "B" which is attached hereto and made a part hereof
by reference, and are for the benefit of the os,her lands in the City of Cupertino,
excluding trat portion described in Exhibit "C" which is attached hereto and
made a part hereof by reference.
24. This AGREEMENT contains the modifications set forth in the agreement
entered into by the parties on June 2, 1.975, acid recorded on June 26, 1975,
in B 484 Page 142, in the Official Records, County of Santa Clara, State of
California, save and except Paragraph 3 thereof.
IN WITNESS WHEREOF, CITY has caused its name to be hereunto affixed
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.
Approved as to form:
'7 C -�
(Acknowledgments and
Exhibits "B" b "C"
attached.)
-12-
CITY OF CUPERTINO
Y __\J
Mayor
By
ity Clerk
DEVELOPER:
V,ULCO PARK, LTD.
By Its .Three General Partners
C 283 nu 79
.I,.,.,,VAL•LCtOPARK, a California corporation
• "
-t
President
yl .,
Secretary
1 �AL,4t L !'
Burrel Leonard, General Part er
Will W. Lester, Gener 1 Partner
VALLCO CENTER, INC., a California corp.
u
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Al ` .1976° be ze` "e', a Notary
pubFjn and ansa ,,County. and State, personally appeare.,
STANLEY E. LESTER and -WALTER p. wARD,•known to me to be the,
President and the Secretary of the corporation that execute,
the within instrument , ari3 ' also know- to ine to be tide person's
_' who;.executed it on' behalf of such corporation, and acknowledged`
to me that such corporation executed tine same, and;f�urther acknol
ledged'to me that such corporation executed the within instrumen
resolution of its Board of Director;
pursuant ,to its -.by laws or a res.,.... ;1
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All
Notary Public
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(VALLCO CENTER, INC.)"
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All that certain r_esl•property'situat^_ in the City of Cupertino, County of
Santa Clara, State of California, core particular'.y described .a follows:
2. That certain Parcel No. 1 as shown on that certain Parcel Hap recorded on
the 19th day of Jure, 1973 in' Book 325 of :taps at page 12, a cony of said
mays being included herein,.
2. All of•that Parcel described in the following and as depicted on thAt
`certain Hap entitled "Exhibit I;", a copy of said map being included
herein.•
•Beginning at a monument at the.intersection of the monument lines of Wolfe Road
and Vallco Parkway, as said monu:-nent is shown on "than. certain Parcel :fag filed
in tie office of the. Santa Clara County Recorder, in Book 325 at page 12'.
Co=encing from said point S. 88054'46" W., a distance of 54.00 feet tr, a point
at the intersection of the North property line of the Lands of Sears Roebuck
as shown on that certain trap filed in the office of the Santa Clara County Re—
corder, in Bbok 8073 at page 372, and the West property line of I•lolfe Road,
said point is also the True Point. of Beginning for this descript on;
thence continuing along the last mentioned line S. 88°54'46" a distance of
847.11 feet to a point on the East.property line of that certain Tract Nap
No. 2086, filed in the office of the Santa Clara County Recorder, in Book 112
of Haps at page 40 and 41;
thence along the last centioned East property line of the above centioned Tract
12066 N. 00°42'30" 11., a distance of 394.45 feet, to the South property line of
Amherst Drive as shcrwn on said Tract 2086;
thence along the South property line of Aaherst Drive *l• 89013`29" E. a distance
of 298.99 feet, to the Southeast property corner of Azahcrst Drive as shown, on
the above mentioned Tract 2056;
-thence along the East property line of the above mentioned Tract 2086, ,;. 00° _
04'30" 14., a distance of 1207.04 feet Lo the most 21ort.heast corner of the above
-mentioned Tract 2086, s:3id point is also a Southwest corner of that certain Wap
filed in fire office of the Santa Clara County Recorder, in Bock 104 at page 56;
thence along the North line of the sbcve mentioned Tract 2086, 110 83°48' W. , a
distance of 42.24 feet to the Southeast corner of that certairi Tract Ilap number
2860 filed in the office of the Santa Clara County Recorder, in Book 138 of ;raps
at page 22 and 23;
thence along an East line of the above mentioned Tract 2860, N.• 0017'20" W.; a
distance of 463.59 feet to the Northeast property corner of the obo.ve mentioned
Tract 2860;
thence along a South line of Freeway Interstate 280, the following six courses:
thence S. 43°49'16" E., 267.06 feet;
thence S. it°33'10" L. 245.25 feet,
thence on L tanr,ent curve to the left, with radius of 400.02 feet,
central angle of 31°4+'37" for an arc length of 221.61 feet;
th r o a r
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3.. All of that parcel described,ia the following and as dep?r_ted on that
certain plot entitled "Exhibit B - marking Lot," :•t.tached herein.
Begi.nnin'" at the Intersection of the monument line of Vallco Parkway as
shec-m on that certain Parcel Map, recorded in Book 325 of Haps at page 12,
Santa Clara County Pecords, with . the• monument line of Wolfe road a._, shown
on said trap; -
thence leaving said monL,ent line of Wolfe Road along the easter!_• projection
of the monument line of Vallco Parkway, 17 83°54'46" E, 85.00 feet;
• thence S 105'14" E, 55.00 feet to the. southerly right-of-way line of Vallco
Parkway and the True Point of Beginning;
thence 21 88'54'46" E, 769.00 feet; -
thence along a tangent curve to the right having a radius of 595.00 feet
through an angle of 4°26'02_", 46.05.feet'
thence S 1.'05'14" E, 304.22 feet;
thence S 38'54'46" W, S35.00 feet;
thence :7 1'05114" W, 286.00 feet;
thence algins a tan,rcnt curve to the ri;lit having a radius of 20.00 feet
through an angle of 90'00'00", 31.42 feet to the True Point of Beginning.
Containing 5.863 acres, mote e*- less.
V
PDGF 83
thence S.
43017'47" E., 260.69 fcct;
j
tI.icncc on
a tingent curve to the right with a radius
of 147.00
,feet, through
a central
angle of 31013'07" with an arc length of 80.10 feet;
,
thence S.
12004'03" E., 133.E"- Feet;
thence along
the West property line of Wolfe Road S.
1005'14" W. a distance
•of' 1035.33
feet to the True Point of Beginning.
Containing
22.320 acres, more or less.
3.. All of that parcel described,ia the following and as dep?r_ted on that
certain plot entitled "Exhibit B - marking Lot," :•t.tached herein.
Begi.nnin'" at the Intersection of the monument line of Vallco Parkway as
shec-m on that certain Parcel Map, recorded in Book 325 of Haps at page 12,
Santa Clara County Pecords, with . the• monument line of Wolfe road a._, shown
on said trap; -
thence leaving said monL,ent line of Wolfe Road along the easter!_• projection
of the monument line of Vallco Parkway, 17 83°54'46" E, 85.00 feet;
• thence S 105'14" E, 55.00 feet to the. southerly right-of-way line of Vallco
Parkway and the True Point of Beginning;
thence 21 88'54'46" E, 769.00 feet; -
thence along a tangent curve to the right having a radius of 595.00 feet
through an angle of 4°26'02_", 46.05.feet'
thence S 1.'05'14" E, 304.22 feet;
thence S 38'54'46" W, S35.00 feet;
thence :7 1'05114" W, 286.00 feet;
thence algins a tan,rcnt curve to the ri;lit having a radius of 20.00 feet
through an angle of 90'00'00", 31.42 feet to the True Point of Beginning.
Containing 5.863 acres, mote e*- less.
.......................
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ply, n� C E O R C E S. N U L T E I. NO ASSOCIATES Pg. 1 Of 2
C101 sod Enrlronmentsl Enpinesrs • Ptsnners • Surveyors
Description of J. C. Pennev Tract r ?83 P
All that certain real property situate in the City of Cupertino, County
of Santa Clara, State of California, more 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;
thence along said monument line of Wolfe Road, N 1°05'14" W; 75.00
feet;
thence leaving said monument line at right angles thereto N 88'54'46" E,
76.00 feet to the TRUE POINT OF BEGLNNING;
thence N 1'05'1" W, 212.91 feet;
thence N 88°54'46" E, 243.84 feet;
thence N 1°05'14" W, 46.19 feet;
thence N 88°54'46" E, 65.00 feet;
thence N 1°05'14" W, 347.65 feet;
thence S 88'54'46" W, 48.02 feet;
thence N 46'05'14" W, 75.68 feet;
thence N 1'05'14" W, 432.70 feet;
thence 17 88'54'46" E, 384.58 feet to a point in the northeasterly line
of Parcel 1 as shown on said Parcel Map;
thence along said northeasterly line S 60'lz,'49" E, 123.58 feet to the
northeasterly corner of said parcel-, said corner being c'ot=on 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
to the westerly line of said Parcei 2, S 1'05'14" :J, 1049.61 feet to a
point in a line that is parallel wit!, and 55.00 feet northerly measured
at right angles from aforesaid monument 1_ne of Vallco Parkway;
• Rev. Dec. 8, 1975
9/24/75
110-73
P.O. 451
Pg. 2 of 2
thence leaving said cc=.,on 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 90'00'00",
an arc length of 31.1.2 feet to the -RUE POJ,47 OF 8EGlNNING_
Containf.ng 12.654 acres, more or less.
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