CC Resolution No. 11-156 Quitclaim Deed on Cleo Avenue, APN 362-31-004 to Habitat for Humanity Silicon Valley_08-30-23RESOLUTION N0. 11-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A QUITCLAIM DEED FOR PROPERTY ON
CLEO AVENUE (APN 362-31-004) TO HABIT AT FOR HUMANITY SILICON V ALLEY,
PURSUANT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY
OFCUPERTINO AND HABITAT FOR HUAdANITY SILICON VALLEY FOR CLEO AVENUE
PROP ERTY, APPROVED BY COUNCIL JUNE 1, 2010
WHEREAS, on June 1, 2010, the City Council of the City of Cupertino approved the
Disposition and Development Agreement between the City of Cupertino and Habitat for
Humanity Silicon Valley for Cleo Avenue Property (Agreement); and
WHERF,AS, said Agreement calls for the transfer of property on Cleo Avenue (APN 362-
31-004), as described in the quitclaim deed attached hereto and made a part hereof and in Exhibit
"A", from the City to Habitat for Humanity Silicon Valley for the development of housing; and
WHERF,AS, it has been determined that a quitclaim deed is an appropriate and sufficient
means to effect said transfer.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cupertino,
that the Mayor of the City of Cupertino is authorized to execute the attached quitclaim deed for
the property on Cleo Avenue (APN 362-31-004), as described therein.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6'h day of September, 2011, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABST AIN:
ATTEST:
Members of the City Council
Wong, Santoro, Chang, Mahoney, Wang
None
None
None
APPROVED:
6i"Q=a4e:hr-% I'M </[, KimberlySmith,,City GilbertWong,Mayor,artino
V 7
RECORDING AT THE REQUEST OF
AND WHEN RECORDED, MAIL THIS DEED AND
TAX ST ATEMENTS TO:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Recorded for the benefit of the City of Cupertino
No fee required (Government Code §27383).
QUITCLAIM DEED
APN: 362-31-004
For recorder's use
DOCUMENT ARY TRANSFER TAX $
EXEMPTION (R&T CODE)
EXPLANATION
Signature of Declarant or Agent determining tax
For a valuable consideration, receipt of which is hereby acknowledged,
City of Cupertino, a California Municipal Corporation
hereby quitclaim(s) to
Habitat for Humanity Silicon Valley, Inc., a California nonprofit public benefit corporation
the following real property in the City of Cupertino, County of Santa Clara,
California: described in attached Exhibit "A"
Date: Sep'resggzi"5 1 € II
State of California
COullj'y' Of 54y7,4 CxAR-A
(Sigrxature of declarant) X
On se:pr 13 , 20n, before me, KtRsr'e:d LEueE s'quhzc-rtq) uome-v rue,i-ic* personally
appeared eite>r;sv vuovc ,whoprovedtomeonthebasisofsatisfactory
evidence to be the persond whose narn4are subscribed to the within instrument and
acknowledged to me tha6she/they executed the Saffle in@her/their authorized capacity, and
that b8er/tlieir signature0') on the instrument tlie person%, or the entity upon behalf of which
the personi acted, executed the instrument.
I certify under PENALTY OF PERJURY under tlie laws of tlie State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary
Il ,,""" " " 'Kl;S'TE'N RE'tlE'E 'SQLIARCI;I ' t't, g Commission # 1906898
Exhibit "A"
A portion of Cleo Avenue (46.48 feet wide) as described in, PARCEL 1 in the
Relinquishment No. 40230 to the City of San Jose recorded Januaiy 28, 1970 in Book 8813, Page
14, Official Records of Santa Clara County and portions of tliose parcels of land described in tlie
deeds to the State of California recorded as follows:
State Deed No.
20832
20833
20834
Recording Date
5/28/1959
10/14/1958
08/13/1959
Volume
4432
4199
4500
471
526
all of Official Records of Santa Clara County, more paiticularly described as follows:
COMMENCING at the Soutlieasterly terminus of that certain course described as "S. 35o23'09"
E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded Februaiy 13, 1998 under
Recorder's Serial No. 14052911, Official Records of Santa Clara County; tlience along the
Southeasterly prolongation of said course, Soutli 35o23'09" East, 186.58 feet; tlience South 72o21
'32" East, 43.63 feet; thence South 37o21' 17" East, 17.39 feet to the Southerly line of said parcel
(State Deed No. 20832); thence along last said line and the Southerly lines of said parcels (State
Deed No. 20833 and 20834), North 89o08'42" West, 167.63 feet to the Westerly line of said
parcel (State Deed No. 20834); thence along last said line aiid its Northerly prolongation, North
00o51' 10" East, 145.05 feet; thence North 47ol6'03" West, 16.28 feet to the curve with a radius
of 30.13 feet described in SEGMENT I in the Relinquislunent No. 56062 to the City of
Cupertino recorded December 23,2004 under Recorder's Serial No. 18159783,Official Records
of Santa Clara County; thence along said curve, from a tangent that bears Nortli 29o44'22" East,
along a curve to the left with a radius of 30.13 feet, througli a central angle of 40o54' 55", an arc
length of 21.52 feet to the general Southerly line of that parcel of land described in said Director's
Deed; tlience along last said line, South 89o08'42" East, 13.84 feet to the Point of
Coini'nencement.
EXCEPTING THEREFROM that portion of the above-described parcel of land lying within the
bounds of said Cleo Avenue (46.48 feet wide).
CONTAINING 11,938 square feet, more or less.
ALSO, the State of California, acting by and througli its Director of Transportation, does hereby
remise, release and quitclaim unto the hereinabove named grantee, all right, title aiid interest in
and to said exception to above described real property, lying within the bounds of said Cleo
Avenue (46.48 feet wide).
CONTAINING 1,275 square feet, more or less.
There shall be no abutter's riglits of access appurtenant to the above-described real property in
and to tlie adjacent State freeway.
RESERVING unto tlie State of California, its successors or assigns, an EASEMENT for stonn
drain purposes witli the riglit to construct, place, inspect, maintain, replace and remove facilities
consisting of storm drain lines, fixtures and appurtenances, togetlier witli the riglit of ingress
thereto or egress therefrom, upon, over, under, and across all that real property described as
follows:
COMMENCING at the Southeasterly terminus of that certain course described as "S. 35o23'09"
E., 148.00 feet" in tliat Director's Deed DD-020838-01-01 recorded Febniaryl3, 1998 under
Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence along tlie
Soutlieasterly prolongation of said course, Soutli 35o23'09" East, 186.58 feet; tlience Soutli 72o21
'32" East, 43.63 feet; thence Soutli 37o21' 17" East, 17.39 feet to the Southerly line of said parcel
(State Deed No. 20832); tlience along last said line, Nortli 89o08' 42" West, 19.09 feet to a line
parallel witli and distant 15.00 feet Southwesterly, measured at right angles from the course
described above with tlie length of 17.39 feet; tlience along last said parallel line, Nortl'i 37o21'
1 7" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly, measured at right
angles from tlie course described above with the lengtl'i of 43.63 feet; thence along last said
parallel line, Noith 72o21 '32" West, 43.91 feet to a line parallel with and distantl5.00 feet
Southwesterly, measured at right angles from the course described above with tlie length of
186.58 feet; tlience along last said parallel line, North 35o23'09" West, 193.46 feet to the curve
with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 5606215.00 feet
Soutliwesterly, measured at right angles from the course described above with the length of
186.58 feet; thence along last said parallel line, North 35o23'09" West, 193.46 feet to the curve
with a radius of 30.13 feet described in SEGMENT 1 in the Relinquishment No. 56062 to tlie
City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783, Official
Records of Santa Clara County; thence along last said curve, from a tangent that bears North
02o55' 11" East, along a curve to the left with a radius of 30.13 feet, through a central angle of
l4o05'44", an arc length of 7.41 feet to the general Southerly line of that parcel of land described
in said Director's Deed; thence along last said line, South 89o08'42" East, 13.84 feet to the Point
of Coinmencement.
CONTAINING 3,693 square feet, more or less.
The bearings and distances used in tlie above descriptions are on the Califoriiia Coordinate
System of 1927, Zone 3. Multiply the above distances by 1.0000537 to obtain ground level
distaiices.
State of California
Department of Transportation
District 4
p.o. Box 23340, MS 11A
Oakland, CA 94623-0440
Attn: Larry High
Dommentary Transfer Tax: $0.00
No Fee Per Govemment Code Section 81 03
DOCUMENT 18540601
llllllltlllllllllllllllllllllllllllllllilllllllllllllllllll
Pages: 5
Fees .. a No Fees
Taxes. . .
Copies.
AMT PA!D
BRENDA DAVIS
SANTA CLAPA COUNTY RECORDER
Recorded at the request of
State Agency
ROE # 008
8 /24/2B05
9 = 2G3 AM
Space above this line for Recorder's Use
Distrld County Route Post Number
4 SCI 85 16.0 DD-020832-01-01
DIRECTOR'S DEED
JUI ais)- 03 (020832-01-01, 020833-01-01, 020834-01-01, 059767-02-01)
The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to
CITY OF CUPERTINO, a California Municipal Corporation
all that real property in the City of Cupertino
State of Califomia, described as:
, County of Santa Clara
Please see EXHIBIT "A" attached.
MAIL TAX
ST ATEMENTS TO:
DOCUMENT ARY TRANSFER TAX $ g,g0
OCOMPUTED ON FULL VALUE OF PROPERTY CONVEYED,OR
€COMPUTED ON FULL VALUE LESS LIENS & ENCUMBRANCES
REMAINING THEREON AT TIME OF
sb> t (.- s.h ( % {)'
Signature of declarant or aOent -firm name
OF CUPERTINO [] Unlnoorporated
Form RW 6-1(S) (Revised 01/00)
EXHIBff "A"
A portion of Cleo Avenue (46.48 feet wide) as described in PARCEL l in the
Relinquishment No. 40230 to the City of San Jose recorded January 28, 1970 in Book 8813,
Page 14, Official Records of Santa Clara County and portions of those parcels of land described
in the deeds to the State of California recorded as follows:
State Deed No.
20832
20833
20834
Recording Date
05/28/1959
10/14/1958
08/03/1959
Volume
4432
4199
4500
47 1
526
all of Official Records of Santa Clara County, more particularly described as follows:
COMMENCING at the Southeasterly terminus of that certain course described as
"S, 35o23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13,
1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence
along the Southeasterly prolongation of said course, South 35o23'09" East, 186.58 feet; thence
South 72"'21'32" East, 43.63 feet; thence South 37o21'l7" East, 17.39 feet to the Southerly line
of said parcel (State Deed No. 20832); thence along last said line and the Southerly lines of said
parcels (State Deed No, 20833 and 20834), North 89o08'42" West, 167.63 feet to the Westerly
iine of said parcel (State Deed No. 20834); thence along last said line and its Noitherly
prolongation, Norttr00o51'lO" East, 145.05 feet; thence North 47ol6'03" West, 16,28 feet to the
curve with a radius of 30.13 feet described in SEGMENT l in the Relinquishment No. 56062 to
the City of Cupertino recorded December 23, 2004 under Recorder's Setial No. 18159783,
Official Records of Santa Clara County; thence along said curve, from a tangent that bears
North 29o44'22" East, along a curve to the left with a radius of 30.13 feet, through a central
angle of 40o54'55", an arc fength of 21.52 feet to the general Southerly line of that parcel of land
described in said Director's Deed; thence along last said line, South 89o08'42" East, 13.84 feet to
the Point of Commencement.
E,XCEFTING THEREFROM that portion of the above-described parcel of land lying
within the bounds of said Cleo Avenue (46.48 feet wide).
CONTAINnNG 11,938 square feet, more or less.
ALSO, the State of California, acting by and through its Director of Transportation, does
hereby remise, release and quitclaim unto the hereinabove named grantee, all right, title and
interest in and to said exception to above described real property, lying within the bounds of said
Cleo Avenue (46.48 feet wide).
CONTAINLNG 1,275 square feet, more or less.
-2-
There shall be no abutter's rights of access appurtenant to the above-described real
property in and to the adjacent State Freeway.
RESERVING unto the State of Califomia, its successors or assigns, an EASEMENT for
storm drain purposes with the right to constnict, place, inspect, maintain, replace and remove
facilities consisting of storm drain lines, fixtures and appurtenances, together with the right of
ingress thereto or egress therefrom, upon, over, under, and across all that rea] property described
as follows:
COMMENCING at the Southeasterly terminus of that certain course described as
"S. 35o23'09" E., 148.00 feet" in that Director's Deed DD-020838-01-01 recorded February 13,
1998 under Recorder's Serial No. 14052911, Official Records of Santa Clara County; thence
along the Southeasterly prolongation of said course, South 35o23'09" East, 186.58 feet; thence
SOuth 72o21'32" EaSt, 43.63 feet; thence SOuth 37o2rl7" EaSt, 17.39 feet tO the SoutherlY line
of said parcel (State Deed No. 20832); thence along last said line, North 89o08'42" West,
19.09 feet tO a line parallel With and diStant 15.00 feet SOuthweSterlyt measured at right ang]eS
from the course described above with the length of 17.39 feet; thence along last said parallel line,
North 37o21 ' I 7" West, 0.85 feet to a line parallel with and distant 15.00 feet Southerly,
measured at right angles from the course described above with the length of 43.63 feet; thence
along last said parallel line, North 72021'32" West, 43.91 feet to a line parallel with and distant
15.00 feet Southwesterly, measured at right angles from the course described above with the
length of 186.58 feet; thence along last said parallel line, North 35o23'09" West, 193.46 feet to
the curve with a radius of 30.13 feet described in SE(JMENT 1 in the Relinquishment No, 56062
to the City of Cupertino recorded December 23, 2004 under Recorder's Serial No. 18159783,
Official Records of Santa Clara County; thence along last said curve, from a tangent that bears
North 02o55' l l" East, along a curve to the left with a radius of 30. 13 feet, through a central
angle of 14o05'44", an arc length of 7.41 feet to the general Southerly line of that parcel of land
described in said Director's Deed; thence along last said line, South 89o08'42" East, 13.84 feet to
the Point of Commencement.
CONTAINING 3,693 square feet, more or less.
The bearings and distances used in the above descriptions are on the California
Coordinate System of 1927, Zone 3. Multipiy the above distances by 1.0000537 to obtain ground
level distances.
l
-3-
This real property description has been prepared by me, or under my direction, in
conformance with the Professional Land Surveyors Act.
Signature
Date
Licbeyor
i/s/amS
Q A
o
Exp. 12/31/05
N0. 7784
["umber
Subject to special assessments if any, restrictions, reservations, and easements of record.
This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in
particular, by the Streets and Highways Code.
,,,,WdlaTyNOEfSS aandand the sea210ofthe. Department of Transportation of the State of California, this
ST ATE OF CALIFORNIA
DEPARTMENT OF TRANSPORT ATION
B!/
R. A. MACPHERSON
Attorney in Fact
Deputy District Director - Right of Way
Name, Title of Officer-E.G., 'Jane Dos. N Ilc'
€ personally known to me Name of signar
acted. executed the instrument.
WITNESS my hand and seal.
'ltPubllt'dJ6nature in and for said County and State)
lkx namry seal or slamp)
Form RW 6'1(8) (Revised 02/OS)
THIS IS TO CERTIFY that the California Tra'ns-portation
Commission has authorized the Director of Transportation
to execute the foregoing deed at its meeting reguiarly called
and held on the 1 4th day of July 2005, in the City of
San Diego.
Dated this 18th day ofJuly 2005.
DIANE C. EIDAM, Executive Director
CALIFORNIA TRANSPORTATION COMMISSiON
CERTIFICATF, OF ACCEPTANCE
This is to certify that the interest in real property conveyed by Director's Deed
by the State of California, Department of Transportation, dated July 18, 2005 ,
to the City of Cupertino, grantee, a governmental agency (under Government
Code Section 27281), is hereby accepted by the undersigned officer on behalf
of the Grantee, pursuant to authority conferred by resolution of the City
Council on August 16, 2005.
GRANTEE:
City o
Titleo. City Manager '-3 J
Authorized Representative
Date: August 17, 2005