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E-853 Offer ofDedication and Waiver of Future, 10800 Randy Ln, APN 316-23-017RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 24133394 Regina Alcomendras Sanla Clara County -Clerk-Recorder 03/13/2019 10:10 AM Pages: 13 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) AGREEMENT REGARDING OFFER OF DEDICATION AND WAIVER OF FUTURE 10800 Randy Lane, Cupertino, CA 95014 APN 316-23-017 D For Fast Endorsement City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27381 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated December 21, 2018, from 10800 Randy Lane, Cupertino, CA 95014 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: March 1, 2019 Marilyn Monreal -­ Senior Office Assistant OFFICIAL BUSINESS. Document entitled to free recording per Government Code § 6103 and§ 27383 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupe1tino 10300 ToITe Avenue Cupertino, California 95014 Attn: Director of Public Works SPACE ABOVE THIS LINE FOR RECORDING USE f\9REEMENT REGARDING OFFER OF DEDICATION AND WAIVER OF FUTURE REIMBURSEMENT This Agreement Regarding Offer of Dedication and Waiver of Future Reimbursement ("Agreement") is made and effective this 2/ S>.! day of i)c�i!dr-, 20/3, by Robert M. Pickle, Trustee ("Owner") and the City of Cupertino, a municipal corporation ("City"). Owner and City may each be refeITed to as a "Party," or collectively as the "Patties." RECITALS A.Owner is the owner in fee of real prope1ty with a street address of 10080 Randy Lane in the City of Cupertino, County of Santa Clara, designated as Assessor's Parcel No. 316- 23-017, more particularly desc1ibed in Exhibit A (the "Site"). B.Section 14.04.110 of the City of Cupertino Municipal Code provides that if the City or another property owner installs improvements that benefit a property, the owner of the benefitted property is required to reimburse the City or the property owner for its reasonable share of the costs of such improvements when the benefitted property owner seeks a land use entitlement from City. Section 18.56.040 of the City of Cupertino Municipal Code imposes a similar reimbursement requirement. Both sections provide, however, that if a property owner dedicates necessary 1ight-of-way to the City without charge, the City may enter into an agreement with the owner to waive future reimbursement requirements. C.City is in the process of trying to improve the walkability of routes to schools, particularly those areas lacking curb, gutter and sidewalk. A portion of the Site is among those areas the City desires to improve. D.Owner has agreed to dedicate to City that certain approximately five hundred square foot portion of the Site as depicted in the diagram attached hereto and incorporated herein as Exhibit B and more particularly described in the legal description attached hereto and incorporated herein as Exhibit C (the "Dedication Area"), in consideration of the City's limited waiver of future reimbursement requirements. OAK #4819-3740-4203 v3 -1- NOW THEREFORE, in consideration of the mutual promises, approvals, and covenants made by the Pmiies and other considerations, the value, adequacy and receipt of which are hereby acknowledged, the Parties agree as follows: 1.Offer of Dedication. Owner does hereby iITevocably offer to dedicate in fee the Dedication Area for street, highway, public utility, public pedestrian, landscaping and any other public purpose (the "Offer"). The Offer is iITevocable and shall be absolutely binding upon the Owner, its heirs, successors, assigns, and all persons claiming an interest in the Site through them. 2.Condition of Title; Removal of Liens. Owner shall work in good faith with City, at no cost to City, to remove any and all encumbrances or liens (other than the lien for cu1Tent taxes not yet due and payable), including any deed of trust securing the obligation to pay a mo1igage loan, encumbering all or any portion of the Dedication Area. With respect to deed(s) of trust, City shall prepare and provide to Owner the fonns of pmiial reconveyance instrument(s) required to remove the Dedication Area from the lien( s) of such deed( s) of trust. The removal of all such liens, including lien(s) of deed(s) of trust, shall be a condition precedent to the effectiveness of City's waiver of the right to future reimbursement as set forth in Section 5 below. 3.Time and Manner of Acceptance. 3 .1 The Offer shall be accepted as stated in the City of Cupe1iino, California Municipal Code section 14.04.110 D. 3 .2 The Offer shall remain in effect until accepted by the City. The Offer may not be terminated, or the 1ight to accept the Offer abandoned, except by Resolution of the City Council in the same manner as prescribed for smmnary vacation of streets or highways by Part 3 (c01mnencing with Section 8300) of Division 9 of the Streets and Highways Code. 3.3 Upon acceptance of the Offer, the City shall mail a copy of its Resolution of Acceptance to the then-owners of the Site at the address shown on the latest County of Santa Clara secured assessment roll and at the address listed in the Offer for notices. 4.Use of Property Prior to Acceptance of Offer. 4.1 The City shall incur no liability with respect to the Offer and shall not assume any responsibility for the Dedication Area or any improvements to the Dedication Area except to the extent that the Dedication Area has been accepted by appropriate action of the City Council. 4.2 Before the lawful acceptance of the Offer by the City, Owner agrees that it will not use the Dedication Area in any way that will interfere with the future use of the Dedication Area for public right-of-way. 4.3 Upon acceptance, the City shall be responsible for removing or relocating, as appropriate, all public or private improvements existing upon the Dedication Area at the time OAK #48 l 9-3740-4203 v3 -2- the Offer is duly recorded to the extent that such relocation is necessary for the City's use of the Dedication Area. 5.Limited Waiver of Reimbursement Requirement. Subject to satisfaction of the lien removal condition set forth in Section 2 above and the limitations of this Section 5, upon City's acceptance of the Offer, City hereby agrees to waive any and all future reimbursements for the costs of any improvements installed by City or its contractors on the Dedication Area ("City Work"), including reimbursements required by Sections 14.04.100 and 18.56.040 of the Cupertino Municipal Code, which may be charged to Owner at such time as Owner obtains a future land use entitlement with respect to the Site. This waiver of right to future reimbursement shall include only the costs of the City Work and shall remain in effect for twenty-five (25) years following City's acceptance of the Offer. Notwithstanding any other provision hereof to the contrary, Owner shall remain obligated to pay any development impact fees, including roadway impact fees, and the costs of any other improvements required in connection with the applicable land use entitlement. Further, in recognition of the fact that the City Work improvements will have a limited useful life, following expiration of the 25-year period, City shall have the right to require Owner to fund the cost of reconstructing any public improvements within the Dedication Area that City could then lawfully require Owner to fund in the absence of this Agreement. 6.Notices. Any notices which either Party may desire to give to the other Party under this Agreement must be in writing and may be given either by (i) personal service; (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice: To City: With a copy to: To Owner: City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Attention: Public Works Director City of Cupe1iino 10300 Torre Avenue Cupertino, CA 95014 Attention: City Attorney Robert M. Pickle 10223 South Portal Ave Cupertino, CA 95014 7.Agreement Runs with Land; Recordation. The provisions of this Agreement shall inure to the benefit of and be binding upon the owners of the Site and their heirs, successors or assigns, and any other person claiming an interest in the Site through them. Upon execution, this Agreement shall be recorded in the Official Records of Santa Clara County. 8.Waiver of Further Compensation. Owner hereby expressly and unconditionally waives any and all right to claim, demand, or receive any further compensation for the OAK #4819-3 740-4203 v3 -3- Dedication Area which Owner may be eligible to receive under the California Relocation Assistance Act (Government Code §7260, et seq.), Article 1, § 19 of the California Constitution, the California Eminent Domain Law (Code of Civil Procedure §1230.010, et seq.), and/or the California Code of Regulations, Title 25 or other applicable local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively "Compensatory Laws"), including, but not limited to, the fair market value of the Dedication Area, severance damages, loss of goodwill, loss of profits, or relocation benefits and assistance, or claims for unreasonable precondemnation activities or inverse condemnation, or any other compensation as a result of the Parties' agreements hereunder or the City's acceptance of the Offer. Furthennore, Owner hereby expressly releases the City of Cupertino, and its respective officials, officers, employees, representatives, successors and assigns, from any liability, responsibility, or obligation to pay any further compensation for the Dedication Area which Owner may be eligible to receive under the Compensatory Laws as a result of City's acceptance thereof. 9.Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of Owner and warrants and represents that he/she/they has/have the authority to bind Owner to the perfonnance of its obligations hereunder. 10.Entire Agreement. This Agreement embodies the entire integrated agreement and understanding between the Paiiies hereto. There are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby, except as set forth herein above. 11.Amendments. This Agreement may only be terminated or modified in a writing executed by both Parties and recorded in the Official Records of Santa Clara County. 12.Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California, without reference to choice of law prov1s10ns. Any legal actions under this Agreement shall be brought only in the Superior Court of the County of Santa Clara, State of California. 13.Interpretation. This Agreement shall be construed according to its fair meaning, and not strictly for or against any Party. This Agreement shall be deemed to have been prepared jointly by the Parties hereto, and the tenns of this Agreement have been negotiated by the Parties and the language used in this Agreement shall be deemed to be the language chosen by the Parties to express their mutual intent. This Agreement shall be construed without regard to any presumption or rule requiring construction against the Party causing such instrument or any p01iion thereof to be drafted, or in favor of the Party receiving a particular benefit under the Agreement. No rule of strict construction will be applied against any Party hereto. When used herein, the singular fonn of the word includes the plural form in appropriate context. Use of the tenn "including" is meant to be without limitation, such as "including but not limited to" or similar. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the tenns, covenants or conditions contained in this Agreement. OAK #48 l 9-3740-4203 v3 -4- 14.No Partnership. Nothing herein contained shall be construed to create a joint venture or partnership or to create the relationship of principal and agent or of any association between City and Owner. 15.Fmiher Cooperation. Each Paiiy hereto agrees to execute any and all documents and w1itings which may be necessary or expedient and do such other acts as will further the purposes hereof. 16.Successors and Assigns. This Agreement is binding upon and shall inure to the benefit of the respective successors, heirs, and assigns of the Parties. 17.No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the signatory Parties and their successors and assigns. No other person shall have any 1ight of action based upon any provision in this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. OAK #4819-3 740-4203 v3 -5- ------,---r::--f.50UTH /..IN£ Or /"O!r£ :,r ,4V£NI./£1,1:,,,JA I {"'-'f"' RECORD or SURVEY � /-... () -..) ,' .-,r I ; �I... L,·, ji"-'\_ "' • f -zs ·o 9_9_,a.,,- \ j I I N.d.!' • .d/0G". .!l.:1. ta.or -..J " I N. dr.Jrc. 30 g 8 15 �I � I� II� 1� I .911.G!I' � � ,O � � -�}_ ·1·0 � ·"' � F � t, ·,, k Cl ·-l N ---t- Or L.PND Or TH05 .I. 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No. 732 :i:I� 509-M-40 __J Sl i:::1i � -"'"' ... :lo:: w w a:: u en z � I!! en THE WOODS UN. No.3 N "" , --------------------------244-M-33 LAWRENCE E. STONE ASSESSOR � Codastrol map far a,sessment purposes crJy. i:i 't:::} Compiled under R. &: T. Code, Sec. 327. ElfectM, Roll Year 2018-2019 POB 15 1 IN.= 30 FT. POB POINT OF BEGINNING Checked: TG CUPERTINO CALIFORNIA EXHIBIT "C" RIGHT OF WAY December 20, 2018 HMH 5283.02.270 Page 1 of 1 REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a portion of that parcel of land described in the Grant Deed recorded August 22, 2011, in Document No. 21285449 of Official Records, Santa Clara County Records, described as follows: BEGINNING at the northwesterly corner of Lot 18 of Monte Vista as shown on that certain Record of Survey filed for record on April 14, 1953, in Book 43 of Maps, page 6, Santa Clara County Records, being on the easterly line of Randy Lane; Thence along said easterly line, South 00 °22'20" East, 100.00 feet to the southerly line of said parcel of land described in the Grant Deed; Thence along said southerly line, North 89°41'10" East, 5.00 feet, to a line parallel with and 30 feet easterly of the centerline of Randy Lane; Thence along said parallel line, North 00°22'20" West, 100.00 feet to the northerly line of said parcel of land, also being the northerly line of said Lot 18; Thence along said northerly line, South 89°41'10" West, 5.00 feet to the POINT OF Containing 500 square feet, more or less. This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act. Date: I z.. / If 528302LD01 -ROW.docx 1570 Oakland Road San Jose, California 95131 (408) 487-2200 (408) 487-2222 Fax www.HMHca.com ACKNOWLEDGMENTS 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 tmthfulness, accuracy, or validity of that document. ST A TE OF CALIFORNIA COUNTY OF .5qa -h,,_ C /et_,,-9., ) ) On /1c.��e...,,-'2.._J_, 20.lfbefore me, vc.t ,u q , Notary Public, personally appeared 1 ·c-( � , who proved to me on the basis of satisfactory evidence to be the person(?3 whose nameWis/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their autho1ized capacity(�, and that by �er/their signature{aj on the instrument the perso�, or the entity upon behalf of which the person(s) acted, executed the instrument. I ce1iify under PENALTY 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:��(seal) ****************************** i············�, , KIRSTEN SQUARCIA � ' -; Notary Public · California z � : Santa Clor3 County i'::: z ,., • <' Commission # 225 7322 - 0'"•0••' My Comm. Expires Oct 4, 2022 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. ST A TE OF CALIFORNIA COUNTY OF S" G\.'t +., C/�, ) ) On /)ec. 2..1, �I![_, 20/lbefore me, k,r..r+� ..f' i_ v�r 4 � , Notary Public, personally appeared fi fh n. fl o r-ol l!.. '1 , who proved to me on the basis of satisfactory evidence to be the person'81 whose nameW is/are subsc1ibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(�, and that by gk/her/their signature-'8, on the instrument the perso�, or the entity upon behalf of which the personyi,, acted, executed the instrument. I ce1iify 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 �Ai,� (seal) OAK #48 I 9-3740-4203 v3 Acknowledgment