Loading...
E-926 Grant of Easement for Public Service Purposes, APN 326-27-046RECORDING ;D. REQUESTED BI FIRST AMERICAN TITLE RECORDING 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 "This document was electronically submitted to Santa Clara County for recording" 25480378 Regina Alcomendras Santa Clara County - Clerk -Recorder 05/26/2023 11:47 AM Titles:1 Pages:11 Fees: $0.00 Tax: $0.00 Total: $0.00 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) GRANT OF EASEMENT FOR PUBLIC SERVICE PURPOSES APN 326-27-046 Cupertino, CA I N I COUNTERPARTOriginal 0 Conformed Copy DOC #25480378 Page 2 of 11 GRANT OF EASEMENT FOR PUBLIC SERVICE PURPOSES APN 326-27-046 Taylor Morrison of California LLC, a California limited liability company and VPTM Westport LB LLC, a Delaware limited liability company, grants to the CITY OF CUPERTINO, a California municipal corporation, for public utility purposes, together with the right, but not the obligation, to construct, repair, operate, and maintain any and all public utilities and improvements in, on, under, along and across the real property, which shall be or become necessary for preservation of the public safety, welfare or convenience, the real property described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa Clara, State of California. IN WITNESS WHEREOF, executed this day of ) 2023. of California LLC ted liability Company Jennifer Vice PrE VPTM Westport LB LLC A Delaware Limited Liability Company BY: VP Caravan NoteCo LLC ITS: Sole Member BY: Varde Partners, Inc., ITS: Manager SIGNED IN COUNTERPART Anders Gode Managing Director City of Cu . e o = Chadlw osley' ` Interim Director of Public Works & City Engineer Public Works Department (Notary acknowledgment to be attached) DOC #25480378 Page 3 of 11 GRANT OF EASEMENT FOR PUBLIC SERVICE PURPOSES APN 326-27-046 Taylor Morrison of California LLC, a California limited liability company and VPTM Westport LB LLC, a Delaware limited liability company, grants to the CITY OF CUPERTINO, a California municipal corporation, for public utility purposes, together with the right, but not the obligation, to construct, repair, operate, and maintain any and all public utilities and improvements in, on, under, along and across the real property, which shall be or become necessary for preservation of the public safety, welfare or convenience, the real property described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa Clara, State of California. IN WITNESS WHEREOF, executed this City of Cupertino: SIGNED IN COUNTERPART Chad Mosley Interim Director of Public Works & City Engineer Public Works Department (Notary acknowledgment to be attached) day of 2023. Taylor Morrison of California LLC a California Limited Liability Company SIGNED IN COUNTERPART Jennifer Skillings Vice President VPTM Westport LB LLC A Delaware Limited Liability Company BY: VP Caravan NoteCo LLC ITS: Sole Member BY: Varde Pa�, Inc., ITS: Mana r —, DOC #25480378 Page 4 of 11 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated Z' from Taylor Morrison of California LLC, a California limited liability company and VPTM Westport LB LLC, a Delaware limited liability company, to the City of Cupertino, a municipal corporation, is hereby accepted by the undersigned on behalf of the City Council of the City of Cupertino pursuant to authority conferred by Resolution No. 11-175 of the City Council adopted on October 4, 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: i .o Chad Mosley Interim Director of Public Works & City Engineer Public Works Department DOC #25480378 Page 5 of 11 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 �Cktya, Cto- On o before me, %' cy , Notary Public, (Here insert tuhne and title of the officer) personally appeared 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. VICTORIA WYOLER COMM. 2438323 z WITNESS my hand and official seal. z + btotaty Public . Caiilornia o Contra Costa County Comm. Expires Feb. 14, 2027 } (Notary attire oNotary Public (Not Seat} f n)13Y1e13.r1pro) yIc17 r3 a100]1110rrllCMl DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individualls) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California mnst contain verbiage exactly as appears above in the notmy section or a separate acknowledgment form mast be properly completed and attached to that document. Tire onitt exception is if a document is to be recorded outside of CaVornia. Irr such instances, any alternative acknouledgment verbiage as inny be printed on such a document so long as the verbiage does not require the notan, to do something that is illegal for a notary in CalVornia (i.e. certifying the authorized capacity of the signer). Please check tine document carefidly for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is Mize) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. H seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary), • Securely attach this document to the signed document C 2004-20I5 ProLink Signing Service, Inc. - All nights Rmryd www.ThePmLink.cotn - Nationwide Notary Service DOC #25480378 Page 6 of 11 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 Santa Clara On l before me, Marilyn Pavlov , Notary Public, (Here insert name and title of the officer) personally appeared 1 who proved to me on the basis of satisfactory evidence to be the person whose name is are subscribed to the within instrument and acknowledged to me tha h t executed the same in is authorized capacity ` , and that by I rlt signature on the instrument the perso , or the entity upon behalf of which the perso acre , executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. RllYN PAVtov Notary Public - California z WI my ham "vial seal. Z Santa Clara County ^ Commission # 2367815 My Comm. Expires Jul 27, 2025 ure is Public (Notary Seal) Signal ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefidly for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e, he/she/tlre3 ;- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document C 2004-20I S ProLink Signing Service, Inc. —All Rights Reserved wivnv.TheProLink.com — Natiomvide Notary Service DOC #25480378 Page 7 of 11 STATE OF MINNESOTA ) ) SS COUNTY OF HENNEPIN ) The foregoing instrument was executed before me, the undersigned Notary Public, on this P9 day of May 2023 by James E. Dunbar, who is personally known to me or produced valid identification, and who proved on the basis of satisfactory evidence that he is the Principal of Varde Partners, Inc., the Manager of VP Caravan NoteCo LLC, the sole Member of VPTM Westport LB LLC and he has the requisite authority to sign the foregoing instrument in such capacity. DANA A. MARTI Notary Public-Minnesota Y aw " MY Commission 6Rpkes Hari Sip 2026 Dana Marti Notary Public, State of Minnesota My Commission Expires: January 31, 2026 DOC #25480378 Page 8 of 11 MAY 10, 2023 JOB NO. 20-143 EXHIBIT "A" LEGAL DESCRIPTION OF TRACT 10579 - PARCEL A PUBLIC SERVICE EASEMENT (PSE) ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEING A PORTION OF PARCEL A AS SHOWN ON THAT CERTAIN SUBDIVISION MAP ENTITLED "TRACT 10579", RECORDED NOVEMBER 18, 2021 IN BOOK 943 OF MAPS, AT PAGES 36-43, SANTA CLARA COUNTY RECORDS, HEREIN REFERENCED AS "PSE" AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: PSE COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A, BEING A POINT ON THE SOUTHERLY BOUNDARY OF MARY AVENUE (A PUBLIC STREET); THENCE HEADING WESTERLY ON SAID SOUTHERLY BOUNDARY, NORTH 890 11' 55" WEST, A DISTANCE OF 30.14 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING FROM SAID SOUTHERLY BOUNDARY, SOUTH 00° 48' 05" WEST, A DISTANCE OF 5.17 FEET; THENCE NORTH 890 1 V 55" WEST, A DISTANCE OF 15.20 FEET; THENCE NORTH 000 48' 05" EAST, A DISTANCE OF 5.17 FEET TO A POINT ON SAID SOUTHERLY BOUNDARY OF MARY AVENUE; THENCE HEADING EASTERLY ALONG SAID SOUTHERLY BOUNDARY, SOUTH 89° 11' 55" EAST, A DISTANCE OF 15.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 79 SQUARE FEET (0.001814 ACRES) OF LAND, MORE OR LESS. BASIS OF BEARINGS: THE BEARING NORTH 89*1 1'55"WEST OF THE CENTERLINE OF MARY AVENUE, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN BOOK 838 OF MAPS, AT PAGES 24-25, SANTA CLARA COUNTY RECORDS, AND AS FOUND MONUMENTED WAS TAKEN AS THE BASIS FOR ALL BEARINGS SHOWN HEREON. 1 OF 2 DOC #25480378 Page 9 of 11 A PLAT ENTITLED "EXHIBIT B" IS ATTACHED HERETO AND MADE A PART HEREOF. THIS DESCRIPTION AND THE ACCOMPANYING PLATS WERE PREPARED BY ME OR PREPARED UNDER MY DIRECTION. tNo. 117-1 ANDREW TURNER '9\ P.L.S. 9104 CIVIL ENGINEERING ASSOCIATES, INC. LANO rtRys�� 9104 2OF2 111011 rrpOyAl DATE DOC #25480378 Pagel 0 of 11 I l l 1 BASIS OF BEARINGS ! 1 THE BEARING OF N8911'55"W OF THE CENTERLINE OF MARY AVENUE AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED IN BOOK 838 OF MAPS AT PAGES 24-25, SANTA CLARA COUNTY RECORDS, AND AS FOUND MONUMENTED, WAS TAKEN AS BASIS OF ALL BEARINGS FOR THIS PLAT. ®® PUBLIC STREET) PSE PARCEL A `� t 1 TRACT 10579 7�z 943 M 36-43 PARCEL B TRACT 10579 943 M 36-43 1 � � LEGEND DISTINCTIVE BOUNDARY — — RIGHT—OF—WAY LINE EXISTING LOT LINE CENTER LINE — — — — — — NEW EASEMENT LINE POC POINT OF COMMENCEMENT PSE PUBLIC SERVICE EASEMENT TPOB TRUE POINT OF BEGINNING {PUBLIC STREE�— PARCEL C TRACT 10579 943 M 36-43 REFERENCES [1] TRACT 10579 — 943 M 36-43 SURVEYOR'S STATEMENT THIS SITE PLAN WAS PREPARED BY ME OR U MYI ION. 4�pA- LANl? Q 2 �10 rn No. 9104 z �TgrF OF CAL�Ffl��\� ANDREW TURNER, P.L.S. 05/11 /2023 DATED EXHIBIT "B" - PUBLIC SERVICE EASEMENT {PSE} PLAT TO ACCOMPANY LEGAL DESCRIPTION - INDEX MAP Civil Civil Engineers - Planners • Surveyors BY: CH Afik 28 Railway Avenue DAlE. 5/10/2023 Engineering Campbell, CA 95008 SCALE: 1»=160' 1 OF 2 Associates T. (408) 453-1066 SHT.NO. JOB NO, 20-143 DOC #25480378 Page 11 of 11 (PUBLIC STREET) TPOB S8911'5_5"E 253.41' N00'48'05"E —,,A 15.24' S00'48'05"W 30.14' 5.17' L----_® J 5.17' PARCEL A N89'11'S5"W PSE TRACT 90579 15.20' 79t SF 943 M 36-43 LEGEND DISTINCTIVE BOUNDARY - - RIGHT-OF-WAY LINE EXISTING LOT LINE CENTER LINE - — — — — - NEW EASEMENT LINE POC POINT OF COMMENCEMENT PSE PUBLIC SERVICE EASEMENT TPOB TRUE POINT OF BEGINNING M^^ EXHIBIT "B" - PUBLIC SERVICE EASEMENT (PSE) PLAT TO ACCOMPANY LEGAL DESCRIPTION PARCEL 8 TRACT ID579 943 M 36-•43 Civil Civil Engineers • Planners • Surveyors BY.. CH • • 28 Railway Avenue DATE. 5/10/2023 E n g i n e ri n Campbell, CA 95008 » s T: (408) 453-1066 SCALE: 1 =10 2 OF 2 Associates J0B N0. 20-143 SHT.NO.