CC Resolution No. 11-044 Development Agreement, 10292 Orange Avenue, APN 357-19-030_revised 8/30/23RESOLUTION N0. 11-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN DEVELOPMENT AGREEMENT BETWEEN THE
CITY AND DEVELOPER, MIMI TSUI, 10292 0RANGE AVENUE, APN 357-19-030
WHEREAS, there has been presented to tlie City Council a proposed development
agreement between tlie City of Cupertino and developer, Mimi Tsui, for the installation of
certain municipal improvements at 10292 0range Avenue, and said agreement having been
approved by tlie City Attorney, and Developer having paid the fees as outlined in the attached
Exliibit A;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
liereby autliorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino tliis 5tli day of April, 2011, by tlie following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
Members of the City Council
Wong, Santoro, Chang, Mahoney, Wang
None
None
None
ATTEST:APPROVED
Resolution No. 11-044
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPERS:
LOCATION:
MIMI TSUI
10292 0RANGE AVENUE, APN 357-19-030
PARTA
PARTB
PARTC.
PARTD.
PARTE.
PARTF.
PARTG.
PART H.
Faitl'iful Performance Bond:
110 2211
Labor and Material Bond:
1102211
Clieckii'ig and Inspection Fee:
110 4538
Development Maintenance Deposit:
110 2211
Storm Drainage Fee - Basin 3
215 4072
Street Liglit - One-Year Power Cost:
110 4537
Map Clieclcing Fee:
IIO 4539
Park Fee - ZONE II
280 4082
$ 15,000.00
$ 15,000.00
$ 2,468.00
$ 1,000.00
$ 185.98
N/A
N/A
N/A
PART I.Reimbursement Fee:N/A
AGREEMENT
10292 0range Avenue
APN: 357-19-030
and between the CITY OF CUPERTINO, a municipal corporation of the State of California,
hereinafter designated as CITY, and Mimi Tsui, Trustee of the Mimi Tsui Living Trust dated May
202010, hereinafter designated as DEVELOPER.
WITNESSETH
WHEREAS, the DEVELOPER has made application to the CITY to secure a Building Permit
to construct a single family dwelling liereinafter referred to as "Project".
WHEREAS, CITY hereby approves the in'iprovement plans and specifications prepared for the
Project by :E, J. Hahamian, Civil Engineer, a true copy of which improvement plans and
specifications are on file in the office of the City Engineer of Cupertino; and
WHEREAS, the same are incorporated l'ierein by reference, the same as though set out in full;
NOW, THEREFORE, said improvement plans and specifications sliall be hereinafter called the
"Plans", and the work to be done under the Plans shall be called the "Work".
WHEREAS, pursuant to the provisions of this AGREEMENT, tl'ie CITY l'iereby established
the amounts of Bonds, Fees, and Deposits as set fortli in the following scliedule:
SCHEDULE OF BONDS, FEES, AND DEPOSITS
Street Iinprovement Category:
PART A. Faitliful Performance Bond:
110-2211
$15,000.00
PART B.Labor and Material Bond:
110-2211
$15,000.00
PART C.
PART D.
Checking and Inspection Fee:
110-4538
Development Maintenance Deposit:
110-2211
$2,468.00
$1,000.00
PART E.Storm Drainage Fee - Basin 3
215-4073
$185.98
PARTF.Street Light - One-Year Power Cost:
110-4537
N/A
PART G.Map Cliecking Fee:
110-4539
N/A
PARTH.
PART I.
Park Fee: Zone III
280-4083
Reimbursement Fee
N/A
N/A
Page2ofll
NOW, THEREFORE, IT IS F-IEREBY MUTUALLY AGREED by and between the parties
hereto as follows, TO WIT:
DEDICATION
A. The DEVELOPER offers to dedicate tlie real property sliown on Exhibit "A", whicli
is attached hereto and made a pait hereof by reference. Said dedicated property shall be free
and clear of all liens or encumbrances except those, whicli the CITY shall waive in writing.
The DEVELOPER agrees not to revolce said offer of dedication, and to keep said offer open
until the CITY accepts offer by resolution.
B. Upon execution of this AGREEMENT, the DEVELOPER agrees to deliver a
properly executed grant deed to tlie CITY of tlie real propeity described in Exhibit "A", and
such other executed conveyances, or instruments necessary to convey clear title as herein
required. The DEVELOPER shall provide, at the DEVELOPER'S sole cost and expense, to
the City:
i. A preliminary title report issued by a title insurance company relating to the
property offered for dedication.
ii. A standard policy of title insurance issued by a title insurance con'ipany and
insuring tlie CITY in the sum of N,/A and which sliall show said property free and
clear of all liens or encumbrances except those as the CITY sliall expressly waive in
writing; said policy shall be furnished at the time of acceptance of dedication and
recordation of deed.
C. UPOII tlie condition precedent that the DEVELOPER shall perfornn each and every
covenant and condition of this AGREEMENT, tl'ie CITY agrees to accept said real propeity
offered for dedication.
INST ALLATION OF WORK
It is further agreed that:
A. The DEVELOPER sliall install and complete the Work within one (1) year from the
date of execution of tliis AGREEMENT, or sucli longer period as may be specifically
autliorized in writing by the City Engineer. In tlie event tlie DEVELOPER fails or refuses to
complete the Work within tlie specified period of time, tlie CITY, at its sole option, shall be
autliorized to complete the Work in whatever mariner the CITY shall decide. In the event
the CITY completes the Work, the CITY may recover any and all costs incurred thereby
from the DEVELOPER or the DEVELOPER'S surety or both. No final inspection shall be
granted or street improvements sliall not be accepted unless all the requirements for safety
prirposes are installed, such as sidewalks, liandicap ramps, street lights, etc.
B. The DEVELOPER sliall install and complete tlie Work in a good and workinanlike
manner in accordance with tlie plans as approved by the City Engineer of Cupertino. The
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Work shall be done in accordance with existing ordinances and resolutions of tJie CITY and
in accordance with all plans, specifications, and standards approved by tlie City Engineer.
The Work sliall be done in accordance with all State and County Statutes applicable liereto,
The decision of the City Engineer shall be final as to whether any material or workmanship
meets the plans, specifications, and standards as set fortli.
C. It is further agreed tliat tlie Work shall be done in accordance witli the most current
Standard Specificatioi'is of tlie Deiiartment of Public Works, California Department of
Transportation, State of Califomia, and in accordance with the specifications of the
Cupertino Sanitary District where applicable.
D. Wlierever tlie words "State" or "Califori'iia Division of Highways" are mentioned in
tl'ie State Specifications, it shall be considered as referring to the City of Cupertino; also
wlierever tlie "Director" or "Director of Public Works" is mentioned, it sliall be considered
as referring to the City Engineer.
E. In case of conflict between the State Specifications and tlie specifications of the
CITY, and/or the Cupeitino Sanitary District, the specifications of the CITY and/or the
Cupertino Sanitary District shall take precedence over and be used in lieu of sucli conflicting
portions.
QUITCLAIM DEED
It is further agreed that the DEVELOPER, when requested by tl'ie CITY, shall quitclaim all
liis/lier rights and interests in, and shall grant to CITY authorization to extract water from
the underground strata lying beneath said project. DEVELOPER agrees to execute a
"Quitclaim Deed and Autliorization" in favor of CITY, when presented to him/her for
signature.
BONDS AND OTHER SECURITY
A. Upon the execution of this AGREEMENT, tlie DEVELOPER shall file with the
CITY a faitliful perfon'nance bond to assure his/her full and faitlifial perfori'nance of this
AGREEMENT. Tlie penal sum of said faithful perforinance bond is as set fortli in Part A of
the SCHEDULE OF BONDS, FEES AND DEPOSITS. In the event that improvements are
to be made under this AGREEMENT, the DEVELOPER shall, in addition to said faitliful
perforinance, file with the CITY, a labor and materials bond in a penal sum as set forth in
Part B of the SCHEDULE OF BONDS, FEES AND DEPOSITS. Said bonds sliall be
executed by a surety company authorized to transact a surety business in tlie State of
California and liave been approved by the City Attorney as to fori'n and by the City Engineer
as to sufficiency. In the event that the DEVELOPER shall fail to faithfully perform tlie
covenants and conditions of this AGREEMENT, or to make any payment, or any dedication
of land, or any improvements herein required, the CITY sliall call on the surety to perform
tliis AGREEMENT or otlierwise inden'inify the CITY for the DEVELOPER'S failure to do
SO.
Page4ofll
B. In lieu of a surety bond, the DEVELOPER may elect to secure this AGREEMENT
by depositing witli tlie CITY:
Cash; or,
ii. A casliier's clieck, or a ceitified clieck payable to the order of the City of
Cupertino; or,
iii. A certificate of deposit, or instrument of credit meeting tlie requirements of
Govemment Code Section 66499 (b) or (c).
C. The amount of said casli, cliecks, ceitificate of deposit, or instrument of credit shall
be as designated by the City Engineer, and sliall be the equivalent to that wliicli would liave
been required had the DEVELOPER furnished the CITY with a faitliful performance surety
bond. In the event that the DEVELOPER shall fail to faithfully perfonn the covenants and
conditions of tliis AGREEMENT, or to make any payment, or any dedication of land, or any
improvements herein required, the CITY may apply the proceeds of said security tliereto.
D. No release of surety bond, cash deposit, check or certificate of deposit shall be made
except upon approval of the City Council. Schedule for bond and insurance release for
paper bonds are as follows:
i. Release of 90 percent of the faithful performance bond upon acceptance by
City Council.
ii. Release of tlie remaining 10 percent of the performance bond at one year
from acceptance after all deficiencies have been corrected and in tlie absence of any
claim against such bond.
iii. Release of tlie entire labor and material bond at six montlis from acceptance
after all deficiencies have been corrected and in the absence of any claim against
such bond.
iv. Liability insurance, provided by tlie DEVELOPER to hold the CITY
harmless in the event of liability arising from the project, to be retired at the end of
one year if all deficiencies liave been corrected and in the absence of any claim
against such insurance.
CHECKING AND INSPECTION FEE
It is further agreed that the DEVELOPER shall pay any and all necessary direct expenses for
inspection, checking, etc. incurred by CITY in connection with said Project, and that
DEVELOPER shall liave deposited with CITY, prior to execution of this AGREEMENT,
the amount as set forth herein at Page 2 (Part C). Should construction cost vary materially
from tlie estimate from wl'iich said sum is calculated, the City Engineer shall notify
DEVELOPER of any additional sum due and owing as a result thereof.
Page 5 ofll
DEVELOPMENT MAINTENANCE DEPOSIT
It is further agreed that the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount set fortli herein at Page 2 (Part D) as a development
maintenance deposit. The deposit may be used at the discretion of the City to correct
deficiencies and conditions caused by tlie DEVELOPER or his/her contractor that may arise
during or after the construction of tlie development. The deposit shall also be used for
copies of approved plans for the CITY's files. If tlie cost exceeds tlie amount deposited tlie
DEVELOPER is required to pay achial overage prior to return of original plans. Any
unexpended amount will be returned to tlie DEVELOPER at tlie time all bonds are released
in accordance with paragrapJi 4 of this agreement.
STORM DRAINAGE FEE
It is further agreed that tlie DEVELOPER sliall deposit with the CITY, prior to execution of
this AGREEMENT, a storm drainage cliarge in connection with the said Pro3ect in
accordance with tlie requirements established in Resolution 4422, March 21, l977, in the
amount as set foith herein at Page 2 (Part E).
STREET LIGHT - ONE YEAR POWER COST
It is furtlier agreed tliat the DEVELOPER shall pay to the CITY, prior to execution of this
AGREEMENT, the amount as set fortli lierein at Page 2 (Part F), which amount represents
the power cost for street lights for one year.
MAP CHECKING FEE
It is further agreed that the DEVELOPER shall deposit with CITY, prior to execution of this
AGREEMENT, for office checking of final map and field checking of street monuments, in
compliance with Section 4:1 of Ordinance No. 47 (Revised 12/04/61) of CITY, the amount
as set forth l'ierein at Page 2 (Part G).
10.THE INSTALLATION OF STREET TREES
It is further agreed that the DEVELOPER shall, at such time as deemed appropriate by the
City Engineer, plant street trees in conformance with the standards of the City of Cupertino.
Variety of tree shall be selected from the CITY approved list.
11.PARK FEES
It is fuitlier agreed that the DEVELOPER sliall pay sucli fees and/or dedicate sucli land to
the CITY, prior to execution of this AGREEMENT, as is required witliin Section 18-1.602,
Park Land Dedication, Cupertino Municipal Code, and whicl'i is further stipulated lierein at,
Page 2 (Part H). Fees are also in accordance with action adopted by the City Council on
March 19, 1991 and Cliapter 14.05 or Section 18-1.602 of the Cupertino Municipal Code.
Page6ofll
12.REIMBURSEMENT FEE
It is furtlier agreed that the DEVELOPER sliall deposit with the CITY, prior to execution of
this AGREEMENT, a reimbursement fee for the street improvements that liave been
installed by tlie City, or by another propeity owner. Developer sliall pay the City for tlie
cost of the land at the cost to tbe City, or another property owner, and sliall pay a street
improvement reimbursement charge for the improvements whicli tl'ie City or another
property owner, installed on the street abutting or included in the benefited property, in an
amount equal to tlie total improvement costs for each particular benefited property as set
forth in a reimbursement agreement, in the amount as set forth herein at Page 2 (Part I).
Payments for both land and improvements shall include simple interest in tlie amount of
seven percent per year, to be calculated in the following manner:
A. Land Cost. Interest to accrue from the date the street improvements are accepted by
the City to tlie date the street improvements reimbursement cliarge is paid, or if the land is
purchased by the City for a City project, from the date of purchase to the date the charge is
paid.
B. Improvement Cost. Interest to accrue from the date the street improvements are
accepted by the City to the date the street improvement reimbursement charge is paid, or if
installed by the City, from the date installation commenced to the date tlie charge is paid.
C. Provided, l'iowever, tliat the interest shall be waived if the adjoining property owner
dedicates or has dedicated to tl'ie City land necessary for the street improvements, or where
no such dedication is necessary.
13.MAINTENANCE OF WORK
It is fuither agreed that the DEVELOPER sliall maintain the Work until all deficiencies in
the Work are corrected to confornn to the Plans and the City Standards and Specifications for
the Work, The DEVELOPER sliall, 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 worki'nansliip and/or
n'iaterials appearing in said Work.
14.SANIT ARY DISTRICT
It is fuither agreed tliat the DEVELOPER shall file with tlie CITY, upon execution of this
AGREEMENT, a letter from the Cupertino Sanitary District stating that tlie DEVELOPER
has submitted plans for review by the District and that sanitaiy sewers are available to serve
all lots witliin said Project.
Page7ofll
15.GOVERNMENT COSTS
It is fuitlier agreed tbat the DEVELOPER sliall file with the CITY, upon execution of this
AGREEMENT, substantial evidence that all provisions of Section 66493, Article 8, Cliapter
4 of the Govenunent Code, pertaining to special assessments or bonds, have been complied
witli,
16.PACIFIC GAS AND ELECTRIC/ AT &T
It is furtlier agreed that the DEVELOPER shall pay to Pacific Gas and Electric Company
and/or to AT&T, any and all fees required for installation of overhead and/or underground
wiring circuits to all electroliers within said property and any and all fees required for
undergrounding as provided in Ordinance No. 331 of CITY wlien the DEVELOPER is
notified by either the City Engineer or Pacific Gas and Electric Company and/or AT&T that
said fees are due and payable.
17.EASEMENTS AND RIGHT-OF-WAY
It is furtlier agreed that axiy easement and right-of-way necessary for completion of the
Project shall be acquired by the DEVELOPER at his/her own cost and expense.
It is provided, liowever, that in the event eminent domain proceedings are required, tlie
CITY for tlie purpose of securing said easement and right-of-way, that tlie DEVELOPER
shall deposit with CITY, a sum covering the reasonable market value of tlie land proposed to
be taken and, to be included in said sum, shall be a reasonable allowance for severance
damages, if any. It is furtlier provided that in addition tliereto, such sums as may 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 tl'ie City of Cupertino.
18.HOLD HARMLESS
It is further agreed that, commencing with the performance of the Work by tlie
DEVELOPER or his/lier contractor and continuing until the completion of the maintenance
of the Work, the DEVELOPER shall indemnify, hold harmless and defend the CITY from
and against any or all loss, cost, expense, damage or liability, or claim thereof, occasioned
by or in any way arising out of the performance or nonperformance of the Work or the
negligence or will'Jul misconduct of the DEVELOPER or the DEVELOPER'S agents,
employees and independent contractors, except to the extent any of the foregoing is caused
by the negligence or willful misconduct of the CITY or tlie CITY'S agents, employees and
independent contractors.
19.INSURANCE
It is furtlier agreed that: tlie DEVELOPER sl'iall take out, or shall require any contractor
engaged to perform the Work to take out, and maintain at all times during tlie perfori'i'iance
and maintenance of the Work called for or required to be done liereunder, a policy of
Page8ofll
insurance naming the (ITY and members of the City Council of tlie City of Cupertino
individually and collectively, and the officers, agents and employees of the CITY
individually and collectively, as insured. Said separate policy sliall provide bodily injury
and property damage coverage to tlie foregoing named CITY and individuals covering all
the Work performed by, for, or on behalf of said DEVELOPER. Both bodily injury and
property damage insurance must be on an occurrence basis; and said policy or policies sliall
provide that tlie coverage afforded thereby shall be primary coverage to the full limit of
liability stated in the declarations, and if tlie CITY, its members of tlie City Council
individually and collectiyely, and the officers, agents and employees of the CITY,
individually and collectively, have other insurance against tlie loss covered by said policy or
policies, that other insurance shall not be called upon to cover a loss under said additional
policy.
The insurance carrier shall provide proof of their ratings. All ratings should be Best's Guide
Rating of A, Class VII or better or that is acceptable to tlie CITY.
A. Eacli of said policies of insurance shall provide coverage in tlie following minimum
amounts: for general liability for bodily injury, personal injury and property damage
$1,000,000 each occurrence, witl'i an aggregate limit of not less tlian $2,000,000.
B. The DEVELOPER shall file with the City Engineer at or prior to the time of
execution of this AGREEA4ENT by the DEVELOPER such evidence of said foregoing
policy or policies of insurance as shall be satisfactory to said City Engineer. Each such
policy or policies shall bear an endorsement precluding the cancellation or reduction in
coverage without giving the City Engineer at least ten (10) days adyance notice thereof. The
CITY sl'iall be shown as additionally insured on a separate "Additional Insured Owners,
Lessees or Contractors" (Form A) or (Form B) Endorsement provided along with the
evidence of said foregoing policy of policies of Insurance.
C. In the event that the Project covered herein should be mutually situated in or affect
the area of jurisdiction of a separate municipality or political subdivision of the State of
California, the policies of insurance required herein and above shall co-name such
municipality or political subdivision and the provision set forth herein and above for tlie
protection of the CITY shall equally apply to municipality and political subdivision.
D. DEVELOPER to use City supplied forms for proof of insurance and endorsements to
policy as specified above.
20.MAPS AND/OR IMPROVEMENT PLANS
It is further agreed tliat tlie CITY shall obtain tlie following map and/or plans at the
DEVELOPER'S expense:
A. A mylar blackline and five (5) prints of fiilly executed parcel map.
B. A mylar blackline and twelve (12) prints of fully executed improvement plans.
Page9ofll
C.A scan in raster format of all executed improvement plans and map.
D. One (1) % size prints of fully executed plans and map.
The DEVELOPER agrees to pay the CITY from the development maintenance deposit the
cost for all prints of plans and maps. If costs exceed the amount deposited the
DEVELOPER is required to pay actual overage prior to return of original plans.
Page 10 of 11
21.SUCCESSORS
This AGREEMENT shall bind the heirs, administrators, executors, successor, assignee and
transferees of tlie DEVELOPERS. The assignment of this AGREEMENT shall not be made
without approval by the City Council of the City of Cupertino.
IN WIaINESS WHEREOF, CITY has caused its name to be liereunto affixed by its Mayor
and City Clerk, tliereunto duly authorized by resolution of the City Council and said
DEVELOPER has hereunto caused their name to be affixed the day and year first above
written.
CITY OF CUPERTINO:
-Maa=7ee
roved as to form:
aZk-,l
City Attorney
City Clerk
DEVELOPER:
Mimi Tsui
Attach Notary acknowledgement
Page 11 of 11
CALIFORNIA ALL-PURPOSE
CERTNFICATE OF ACKNOWLEDGMENT
State of Califomia
County of 'F>ri v'Aft ( IA{Cl
CCfv'ia-!raajl)J /A,,,]r2'fMv ('t,)'bJVr
(E-Iere insert nainc and til!lc of tlic officer) /
who proved to me on the basis of satisfactory evidence to be tlie personp-) yvhose nameo-0 is/gmubscribed to
the within insh-un'ient and aclcnowledged to xi'ie tliat he/sheAhey executed the same irr-Ms/her/tl; authoi-ized
capacity(, and tl'iat by /lier/t=mir signature) on tlie instrument the persoiQ, or tlie entity upon belialf of
whicli tl'ie person(->) acted, executed tlie instrument.
I certify under PENALTY OF PERJUR\ under the laws of the State of Califoi'iiia that the foregoiiig paragrapl'i
is true and correct.
WITNESS LIIY liand arid official,seal.
(Notary Seal)
I "l ii i i i
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATT ACHED DOCUMENT
Pitlc or dcscription of attachcd documcnl)
Nun"iberofPages A22 Docun'ientDate nh6h)
(Additional infonnalion)
CAPACITY CLAIMED BY THE SIGNER
[1] Individual (s)
€ Coi'porate Officer
€
€
€
€
(Titlc)
Panner(s)
A(tomey-in-Fact
Trustee(s)
Other
INSTRUCTIONS FOR COMPLETING THIS FORM
An)i acbr:isvled5pnen[ conypleled in C4rnia ywsf conlain verbhnge exad)i as
appta:rrs abrive in rhe riomry secrion or a separare ack'no'ivledgmenrfonn rmrsi be
pr'opeS)i complered and anached ro rhar docmnent. The onl)i exceprron is d a
document is to be r'ecrir'ded outside of Ct'rldoinia. Insuc)i mstmyces, mr)i altenyarisie
ada'rowledgment ver'biage as ma,si be prMed on suc)i a documem so long as rhe
verbiage does riot requrre rlie notary /o dosmnet)ying rhat is H7egal ftw a riorary in
CaHfor'ina (r.e. cerlrf)'rng the authorrzed capt'icrr)' of rhe signet ;). /" tease check rhe
documenr car4ul1s4or proper nriiarial ixoordrrig (111(/ arlacli ilyis,ftirm %f required.
Stale and County inf'onnalion must be tlie State and County where tl'ic documcnt
signcr(s) pcrsonally appcarcd before the notary public for acknowledginent
Daiti of nolarization musl be the date that IIIC sigrner(s) personally appeared wliicli
must also be the same datc tlic acknowlcdgmcnt is complclcd.
The notary public must print his or hcr name as it appears svilhin his or her
commission rolloived by a comma and Ilien your title (notary public).
Print the name(s) of docuinciit signcr(s) who pcrsonally appcar at Thc timc of
nolarizalion.
Indicatc hc correct singular or plural fonns by crossing off incorrect foims (i,c.
I*/shcAhey,- is /me ) or circliiig lbt. corrccl forms. Failure to correctly indicate this
information may lead to i'ejcction of documcni rccording.
Tlie notary seal impressioi'i must lie clcar and pbotoBrapliically rcproduciblc.
tmpression must nt'if COVEY taxt Or lines. Tf scal impression iimudges, rc-scal if a
sufficient arca pcrinlTs, OlhCrl'i'lSC COllThl:)IC{C a differCnt ac)cnoiii4cdgi'ncnl fOl'lll.
Signature of tlic notary public must match llic signanirc on fig. willi thc office of
the couniy clerk
'> Additional information is not required lout Cal)ld llelp tO ensure thiS
acknowlcdgmcnt is not inisuscd or attac]icd to a diffcicnt docuincnt.
a> Indicatc litlc Or type of allaclied document, iiumber of pages and date.
aha Indicate thc capncily claimcd by llic sj,,mcr. If tlic clain'ied capacity is a
corporate officer, indicate the title (i.e. CEO, CFO, Secretary).
Sccurcly attacli rliis documcnl lo the signed documcnt
2008 Version CAP."i vl2. 10.07 800-873-9865 uiti.iiv.NotaqiClasscs.com
CALIFORNIA ALL-PURPOSE ACKNOWLED €eMENT
4$. GRACE SCHMID-T
Commission #1923164
#5J Notary Public - California
Santa Clara County
N! CO Feb 21, 2015
who proved to me oi-i the basis of satisfactory
evidence to be the person(Q whose nam$) is/d
subscribed to the within instrument and acknowledged
to me that he/le/tQy executed tlie same in
his/h@i" r authorized capacity(p), and that by
his$!r "r signature(Q on the instrument the
person , or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the
laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: 2
Place Notary Seal Above Signature oT Notary Public
Though the information below rs not required by /aw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: T)-Q!) 0A }r''iJo -
Signer(s) Other Than Named Above: t')l t I'Vl
Capacity(ies) Claimed by Signer(s)
Signer's Name:
€ Corporate Officer - Title(s)
€ Individual
€ Partner - € Limited € General
€ Attorney in Fact
€ Trustee
€ Guardian or Conservator
€ Other:
[!!TJ:7Jl;,ua!l-
[6!!a &fimm.
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Top of thumb here
Signer Is Representing:
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Signer's Name:
€ Corporate Officer - Title(s):
] Individual
L] Partner - € Limited € General
€ Attorney in Fact
[) Trustee
[i Guardian or Conservator
[] Other:
Signer Is Representing:
@ 2009 National Notary Association x NationalNotary.otg a 1-800-US NOTARY (1-800-876-6827)Item #5907
uHIBIT " A"
DESCRIPTION OFDEDICATTON FOR
ROADWAYAND UnLIITKS PURPOSES
TO [ CITY OFCUPERTINO. CALIFORNIA
u thateerta €n real property situated m tbO City ofCupartino, COaty
ofSantaaara,Stateoff'al €&rmis,N>eingtbewesterly fivefeetof
Lot 5 ofTraetN*. 97, Noonan Su!h&"'o4 Uiait No. 1, a map ofwkieh
was ffied on Apffl 3, 1939 in Boo33 of Maps a Page 43, in die Office
of the Reeomer d said Comty, and bemg a five footmde strip of land
described as fouow:
Beginning at ffie northwesterly eoruerd said Lot on the easterly
rightofway uned OrangeAvenue, 40 feetinwidth, as shown upon
said Map;
Thence huffing dae northerly line of uid Lot, South 89 deg. 58 mu. East
S.OO feet;
Theaiee paraUel with tbe eenterline of said Oi'a4eAvenue and distant
therefrom 25 feet (rightangle measure) South 50.24 feetto The southerly
ajne of said Lot;
Theaee along said lie Norffa 89 deg. 58 mu. West5.00 feetto thesoutb-
westerly corner of said Lot;
Thence along thewesterly line thereof, North 50.24 feet to die pomtof
beginning.
Containing251.2 square feet, mnore erless.
Referto KXHIWI' "B", PLAT, which As hereby made a part oftk's
dauiption.
Address: 10292 0rangeAve., Cupertino, CA
APN 357-19.030
Date: January 12, 2011
Prepared by: Edward J. Hahgmfi*n, RrF,
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