CC Resolution No. 7967
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RESOIlJ'I'ION NO. 7967
A :RESOIlJI'ION OF '!HE c:I'fl: CXXJNCIL OF '!HE c:I'fl: OF ClIt'='.íNO
AImœ!ZmG EXEa11'ION OF GEaJND lEASE FOR '!HE lEASniG
OF PROPERlY TO SANTA CIARA CXXJNl'Y CE:N:mAL FIRE PR:1I'ECl'ION
DISTRIcr TO OONS'IRJ'cr AND MAINrAIN A FIRE STATION Nr '!HE
SOO!HWEST OORNER OF STELLING ROAD AND SEVEN SPRINGS PARRWAY
WHEREAS, the City of CUpertino, as a con:tition of development abtained
a certain parcel of land from the Gregory Group for a future fire station
at the southwest comer of Stelling Read and Seven Springs Parkway; and
WHEREAS, the Santa Clara County Central Fire Protection District is
ready to construct a fire station at the aforementioned site; and
WHEREAS, there has been presented a proposed IIGrolJrxi Lease"
prescribing the terms and con:titions of leasing the aforementioned site to
the Santa Clara County Central Fire Protection District; and
WHEREAS, the provisions of said "GrolJrxi Lease" have been reviewed and
approved by all interested parties;
NOO, 'IHEREFORE, BE IT RESOLVED, that the City Council of the City of
CUpertino hereby approves the "GrolJrxi Lease" and authorizes its Mayor and
the City Clerk to execute said lease in behalf of the city of CUpertino
PASSED AND AOOPI'ED at a regular meeting of the City Council of the
City of CUpertino this _ day of ~.- , , 1989, by the
following vote:
vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
,
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
GROUND LEASE
Preamble
The City of Cupertino, a municipal corporation
organized under the laws of the State of California
herein after called "lessor," hereby leases to Santa
Clara County Central Fire Protection District a fire
protection district organized under the laws of the
State of California, herein after referred to collec-
tively as "lessee" the land and premises, herein called
"said premises" in the City of Cupertino, County of
Santa Clara, State of California, as more particularly
described in Exhibit "A", attached hereto, and incor-
porated herein by reference on the following terms and
conditions:
ARTICLE 1. TERM OF LEASE
Fixed Term
Section 1.01. The term of this Lease shall be a
period of 30 years commencing February 1, 1990, and
ending January 31, 2020, unless sooner terminated as
herein provided. Upon expiration of the term of this
lease, the parties shall negotiate, in good faith, re-
newal of its provisions, beyond the original term.
Early Termination by Lessor
Section 1.02. Lessor shall have the right to term-
inate this Lease prior to the expiration of the term if:
a) The Lessee fails to utilize the premises for a
fire station for a period of six months, or
b) The Lessor withdraws from, or is no longer a
part of the Central Fire Protection District.
ARTICLE 2. RENT
Basic Rent
Section 2.01. The Lessee agrees to pay to Lessor
the sum of one dollar ($1) per year commencing on Febru-
ary, 1991 and thereafter continue said yearly payment
during the entire term of the lease. Said rent is to be
paid to Lessor at City Hall, 10300 Torre Avenue,
Cupertino, California 95014.
[CC.C/D2/rev. 2]
1
ARTICLE 3. CONDITION AND USE OF PREMISES
Principal Use
Section 3.01. Said premises shall, during the
term of this Lease, be used by Lessee solely for the
purpose of a fire station. It is expressly agreed that
Lessee is leasing the premises as vacant and unimproved
land with the express intention of developing said
premises as a fire station by constructing, maintaining
and operating thereon a fully operational fire station
at Lessee's sole cost.
Only Lawful Uses Permitted
Section 3.02. Lessee shall not use or permit said
premises or any portion of said premises to be improved,
developed, used, or occupied in any manner or for any
purpose that is in any way in violation of any valid
law, ordinance, or regulation of any federal, state,
county, or local governmental agency, body, or entity.
Furthermore, Lessee shall not maintain, commit, or per-
mit the maintenance or commission of any nuisance as now
or hereafter defined by any statutory or decisional law
applicable to said premises on said premises or any part
of said premises.
Condition of the Premises
Section 3.03. Lessee takes possession of the
premises in an "as is" condition. Lessor makes no
warrantees express or implied concerning the condition
of the premises. Prior to taking possession, Lessee has
the right to conduct all examinations, tests and audits
of the property, including, but not limited to, toxic
waste tests. At time prior to commencement of construc-
tion by Lessee of any structure on the property, Lessee
may rescind the provisions of this Lease and its terms
shall have no further force and effect if Lessee de-
termines, at its sole option, that it does not wish to
continue in possession of the premises due to its
present condition.
ARTICLE 4. UTILITIES
Section 4.01. Lessee shall payor cause to be
paid, and hold Lessor and the property of Lessor in-
cluding said premises free and harmless from, all
charges for the furnishing of gas, water, electricity,
telephone service, and other public utilities to said
premises during the term of this Lease and for the re-
moval of garbage and rubbish from said premises during
the term of this lease.
[CC.C/D2/rev.2]
2
ARTICLE 5. CONSTRUCTION BY LESSEE
Section 5.01. Lessee shall, at Lessee's sole cost
and expense, construct or cause to be constructed on
said premises a fire station, hereinafter called "said
fire station," in the manner and according to the terms
and conditions specified in this Article.
Approval Process
Section 5.02. Lessee shall, at Lessee's sole
cost, comply with LeSsor's approval process for construc-
tion of the fire station including, but not limited to,
zoning approvals, subdivision map approvals, architect-
ural and site review, and building code compliance.
Change in Plans
Section 5.03. Any substantial changes in the
plans or specifications for said building project must
be approved by Lessor.
All Work on Written Contract
Section 5.04. All work required in the construc-
tion of said building project, including any site prepa-
ration work, landscaping work, utility installation work
as well as actual construction work on said building
project, shall be performed only by competent contrac-
tors duly licensed as such under the laws of the State
of California and shall be performed pursuant to written
contracts with such contractors.
Ownership of Building Project
Section 5.05. Any and all buildings and improve-
ments placed or erected on said premises as part of said
fire station as well as any and all other alterations,
additions, improvements, and fixtures, except furniture
and trade fixtures, made or placed in or on said prem-
ises by Lessee or any other person shall be considered
part of the real property of said premises and on expira-
tion or sooner termination of this Lease shall remain on
said premises and become the property of Lessor; pro-
vided, however, that in the event that the Lease is term-
inated prior to expiration of its term as provided in
paragraph 1.02 of this Lease, and is terminated within
15 years of the commencement of the term of this Lease,
Lessor shall reimburse the Lessee in an amount equal to
total cost of construction of the fire station (includ-
ing financing costs for a period not to exceed fifteen
years) multiplied by a fraction wherein the numerator
equals the difference between 15 years and the number of
years the Lessee actually operates the fire station and the
[CC.C/D2/rev.2]
3
denominator is 15 years depicted algebraically as
follows:
Total Reimbursement
by Lessor to Lessee
=
Total Cost of
Construction
(15-actual
x Years of
Operation)
15
If Lessee operates said fire station for a period
greater than 15 years, no reimbursement by Lessor is due
to Lessee under the provisions of this paragraph.
Reimbursement under this paragraph, at the option
of the Lessor, shall either be made, in annual install-
ments for a term equal to the difference between 15
years and the number of years of actual operation by
Lessee with no interest (debt service having already
been included in the total cost of construction) or in a
lump sum with an appropriate discount reflecting debt
service savings to the Lessee.
It is further agreed that upon expiration or termi-
nation of this Lease, Lessor retains the option, upon 30
days written notice to Lessee, to require that any and
all buildings and improvements placed or erected on said
premises as part of the fire station be removed from the
premises. The costs of said removal shall be shared on
an equal basis between Lessor and Lessee.
ARTICLE 6. REPAIRS AND RESTORATION
Maintenance by Lessee
Section 6.01. At all times during the term of
this Lease, Lessee shall, at Lessee's own cost and ex-
pense, keep and maintain said premises and all improve-
ments now or hereafter on said premises as well as all
facilities now or hereafter appurtenant to said premises
in good order and repair and in a safe and clean condi-
tion. Furthermore, Lessee shall, at Lessee's own cost
and expense, maintain at all times during the term of
this lease the whole of said premises as well as any
improvements, landscaping, or facilities thereon in a
clean, sanitary, neat, tidy, orderly, and attractive
condition.
Requirements of Governmental Agencies
Section 6.02. At all times during the term of
this lease, Lessee, at Lessee's own cost and expense,
shall:
(a) Make all alterations, additions, or repairs
to said premises or the improvements or facilities
[CC.C/D2/rev.2]
4
on said premises required by any valid law, ordi-
nance, statute, order, or regulation now or here-
after made or issued by any federal, state, county,
local, or other governmental agency or entity;
(b) Observe and comply with all valid laws, ordi-
nances, statutes, orders, and regulations now or
hereafter made or issued respecting said premises
or the improvements or facilities on said premises
by any federal, state, county, local, or other
governmental agency or entity;
(c) Indemnify and hold Lessor and the property of
Lessor, including said premises, free and harmless
from any and all liability, loss, damages, fines,
penalties, claims, and actions resulting from
Lessee's failure to comply with and perform the
requirements of this section.
Lessee's Option to Restore
Section 6.03. Should, at any time during the term
of this lease, any buildings or improvements now or here-
after on said premises be destroyed in whole or in part
by fire, theft, the elements, or any other cause not the
fault of Lessor, Lessee may, at Lessee's own cost and
expense, repair and restore the damaged or destroyed
building, buildings, improvement, or improvements accord-
ing to the original plan thereof or according to such
modified plans therefore as shall be approved in writing
by Lessor. Lessee shall, in addition, have the option
of terminating this lease on the last calendar day of
any month by giving Lessor at least 30 days' prior writ-
ten notice of Lessee's intent to do so and by removing,
at Lessee's own cost and expense, all debris and remains
of the damaged improvements from said premises where any
buildings or improvements now or hereafter on said prem-
ises are so damaged or destroyed by fire, theft, the
elements, or any cause not the fault of Lessee or Lessor
that they cannot be repaired and restored at a cost not
exceeding 35 percent of the costs of replacing all build-
ings and improvements on said premises, if totally de-
stroyed.
Application of Insurance Proceeds
Section 6.04. Any and all fire or other insurance
proceeds that become payable at any time during the term
of this lease because of damage to or destruction of any
buildings or improvements on said premises shall be paid
to Lessee and applied by Lessee toward the cost of re-
pairing and restoring the damaged or destroyed buildings
or improvements of this lease.
[CC.C/D2/rev.2]
5
ARTICLE 7. INDEMNITY AND INSURANCE
Indemnity Agreement
Section 7.01. Lessor and Lessee shall indemnify,
hold harmless, reimburse and defend the other from all
liability, damages, loss, costs, and obligations,
including court costs and reasonable attorneys' fees,
arising out of any claim, suit, judgment, loss or
expense occasioned by, but not limited to, injury or
death of any person or persons, or loss or damage to,
any property, arising from the act or omission of the
indemnitor or its officers, agents, contractors,
employees, sublessees or invitees.
Liability Insurance
Section 7.02. Lessee shall, at Lessee's own cost
and expense, secure promptly upon execution of this
lease and maintain during the entire term of this lease
a broad form comprehensive coverage policy of public
liability insurance issued by an insurance company ac-
ceptable to Lessor and authorized to issue liability
insurance in California insuring Lessee and Lessor
against loss or liability caused by or connected with
Lessee's occupation and use of said premises under this
lease in amounts not less than:
(a) $1,000,000 for injury to or death to one per-
son and, subject to such limitation for the injury
or death of one person, of not less than $1,000,000
for injury to or death of two or more persons as a
result of anyone accident or incident; and
(b) $1,000,000 for damage to or destruction of
any property of others.
In lieu of said insurance requirement, Lessee may
self-insure as provided by law.
Fire and Casualty Insurance
Section 7.03. Lessee shall, at Lessee's own cost
and expense, at all times during the term of this lease
keep all buildings, improvements, and other structures
on said premises, as well as any and all additions there-
to, insured for 80 percent of their full insurance value
by insurance companies authorized to issue such insur-
ance in California against loss or destruction by fire
and the perils commonly covered under the standard ex-
tended coverage endorsement to fire insurance policies
in the county where said premises are located.
[CC.C/D2/rev.2]
6
ARTICLE 8. ASSIGNMENT AND SUBLEASING
Permitted Assignments and Transfers
Section 8.01. Lessee shall have the right to
transfer, assign, or sublease the premises only upon
written consent of the Lessor, which consent shall not
be unreasonably withheld.
ARTICLE 9. DEFAULT AND TERMINATION
Termination for Breach by Lease
Section 9.01. All covenants and agreements con-
tained in this lease are declared to be conditions to
this lease and to the term hereby demised to Lessee.
Should Lessee in the performance of any covenant, con-
dition, or agreement contained in this lease and the
default not be cured within 60 days after written notice
of the default is served on Lessee by Lessor, then
Lessor may terminate this lease and bring action against
Lessee as provided for by law for possession and dam-
ages.
Surrender of Premises
Section 9.02. On expiration or sooner termination
of this lease, Lessee shall surrender said premises, all
improvements in or on said premises, and all facilities
in any way appertaining to said premises, to Lessor in
as good, safe, and clean condition as practicable, rea-
sonable wear and tear excepted. Upon surrender of the
premises, Lessor shall have the right to perform the
necessary tests to determine whether toxic wastes are
present on the property. Should such toxic wastes be
present on the property, Lessee shall reimburse Lessor
for any and all costs of clean up; upon written demand
by Lessor to Lessee; provided that such written demand
is made within one year after Lessee surrenders the
premises.
ARTICLE 10. MISCELLANEOUS
Force Majeure -- Delays
Section 10.01. Except as otherwise expressly pro-
vided in this lease, should the performance of any act
required by this lease to be performed by either Lessor
or Lessee be prevented or delayed by reason of any act
of God, strike, lockout, labor trouble, inability to
secure materials, restrictive governmental laws or regu-
lations, or any other cause except financial inability
not the fault of the party required to perform the act,
[CC.C/D2/rev.2]
7
the time for performance of the act will be extended for
a period equivalent to the period of delay will be ex-
cused.
Attorney's Fees
Section 10.02. Should any litigation be commenced
between the parties to this lease concerning said premi-
ses , this lease, or the right and duties of either in
relation thereto, the party, Lessor or Lessee, prevail-
ing in such litigatiön shall be entitled, in addition to
such other relief as may be granted in the litigation,
to a reasonable sum as and for his attorney's fees in
such litigation which shall be determined by the court
in such litigation or is a separate action brought for
that purpose.
Governing Law
Section 10.03. This lease, and all matters relat-
ing to this lease, shall be governed by the laws of the
State of California in force at the time any need for
interpretation of this lease or any decision or holding
concerning this lease arises.
Binding on Heirs and Successors
Section 10.04. This lease shall be binding on and
shall inure to the benefit of the successors and assigns
of the parties hereto; Lessor and Lessee, but nothing in
this section shall be construed as a consent by Lessor
to any assignment of this lease or any interest therein
by Lessee except as provided in Article 8 of this lease.
Partial Invalidity
Section 10.05. Should any provision of this lease
be held by a court of competent jurisdiction to be
either invalid, void, or unenforceable, the remaining
provisions of this lease shall remain in full force and
effect unimpaired by the holding.
Sole and Only Agreement
Section 10.06. This instrument constitutes the
sole and only agreement between Lessor and Lessee re-
specting said premises, the leasing of said premises to
Lessee, in this lease on said premises, or the lease
terms herein specified, and correctly sets forth the
obligations of Lessor and Lessee to each other as of its
date. Any agreements or representations respecting said
premises, their leasing to Lessee by Lessor, or any
other matter discussed in this lease not expressly set
forth in this instrument are null and void.
[CC.C/D2/rev.2]
8
Validi ty
Section 10.07. Lessor and Lessee certifies that
this lease has been read and approved as to the form by
their respective attorneys and that adherence to its
provisions are within the powers of Lessor and Lessee
granted to them by statute.
EXECUTED on
Santa Clara County, California.
, 19
, at San Jose,
LESSOR
Dated: 1. -6-, In" 19~o
~ f2~~
yor /
APPROVED AS 0 FORM
c~l /:Lw.,
City Attorney
ATTEST:
i#¥-~
Ci Y Cl
LESSEE
Dated:
Central Fire District by
COUNTY COUNSEL
[CC .C/D2/rev. 2]
9
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RECc:.RDING REQUESTED BV
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RETURN TO crnr
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K 096PA6~ 778
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Art 3 12 z, PH '81
OffICA~ AECOAO$
IANT A CLARA COUNTY
~.UAIE KANE
RECORDER
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SPACE AeaVE THIS LINE 1"0" RECORDER'S USE
Grant Deed
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TNI. I'OIlllN "U"N._HaD .... TIIIIU.TOllla "CUIIIIITY ....VIC.
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The undenil.aed .tantor(.) declare(.):
Documentary t,..fer lu i. ,
( ) computed on fun value of property conveyed, or
( ) computed on full value leu value of lie... and encumbrance. remainiq at lime of Ale.
( ) Unincorpor.1ed ana, ( ) Cioy 01 . &ad
FOR A VALUABLE CONSIDERATION. _ipt 01 which is be1ehy .cknowledpd.
DOROTHY ANNE LYDDON, also known as DOROTHY A. LYDDON. also known as
DOROTHY LYDDON
·
~ hf'reby GRANT(S) 10
·
the City of Cupertino, a municipal corporation
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the follo.ine _ribed real property ill the
Counoy 01 SantA Clara
City of CUpertino
I State of California:
SEE A'1"1'ACIIBD DESCRIPTION EXHIBIT "A" IIND EXHIBIT "B"
INCOJUlOBATED HEREIN
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DOROTHY LYDDON
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Sta~ 01 California
Count)' 01 ~'\.. .f;y... tIt# ':W'''b
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before me, \
the uncle,...,.. Noury Public, )treonall)' ap NIl
nn~n.hy a~ftA Tyññnft
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o proved &0 11M on the bai, or..Uelac:&My .yidence
&0 be the penonl,. whoM name(,. ; Q .ubKribed &0 the
within inttrument. and ac:knowlt'dpd that --She.. .ucuted it.
WrrNESS m)' ha otflci.1 ..al.
19-aJ
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, IIOIIEIII T, FREY
.' _MY PUaJC.CAlI"OIfM
SoIII fR.\HQSCO COUNTY
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NOYry'. SipatuA
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Tille Ord« No.
£acrow. Loan 01 Attorn., FUe No.
MAIL TAX STATEMENTS AS OIRECTI!:D ABOVE
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Ruth and Going, Inc.
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December 4, 1986
Reviseà January 15, 1987
17095-128
EXHIBIT "A"
Description Of The Lanàs Of
Lyddon TO Be Granted To Tbe City Of Cupertino
por A Pire Station
K 096PA6~ 779
All of that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California describeà as follows:
Portions of those certain parcels of lanà àescribeà as Parcels NO. 7 anà No. 8
in the Decree of pinal Distribution in the matter of the Estate of Jack Ryburn
Lyààon, a copy of the instrument for which Decree was recoràeà April 27, 1977
unàer Recoràers File No. 5624194 in Book C 773 of Official Records, page 79,
Santa Clara County Recoràs and being more particularly àescribeà as follows:
BEGINNING at the Northeasterly corner of said Parcel No. 7 in the centerline
of Stelling Roaà, saià corner also being the Northeasterly corner of that
certain 1.530 acre parcel of lanà shown upon that certain Recorà of Survey
filed June 28, 1974 in Book 342 of Maps at pages 34 through 37 inclusive,
Santa Clara County Records: thence from said point of beginning along the
Northerly line of said 1.530 acre parcel, South 890 27' 42' West 214.56 feet
to the Northwesterly corner of said 1.530 acre parcel; thence along the
Westerly line of saià 1.530 acre parcel South 190 25' 47' East 69.01 feet to
a point in the Southerly line of future Seven Springs Parkway (65.00 feet
wide), saià point being the TRUE POINT OP BEGINNING of this àescription:
thence along the said So~therly line the following three courses anà
distances: Easterly along a curve to the right, from a point with a raàial
bearing of North 020 33' 40' West, with a raàius of 470.00 feet, through a
central angle of 020 01' 22", an arc length of 16.59 feet, North 890 27'
42' East 130.36 feet, anà Southeasterly anà Southerly along a tangent curve to
the right, with a radius of 20.00 feet, through a central angle of 900 11'
00', an arc length of 31.,48 feet to a line parallel wi th, anà 25.00 feet
Westerly of the saià centerline of Stelling Roaà; thence along said parallel
line South 000 21' 18' East 209.95 feet to a line parallel with, and 295.00
feet Souther ly of, measureà at right angles to, saià Norther ly line of said
1.530 acre parcel: thence along last nameà parallel line South 890 27' 42"
West 87.67 feet to the said Westerly line of saià 1.530 acre parcel: thence
along last named line, North 190 25' 47' West 242.78 feet to the saià true
point of beginning anà cOntaining 0.671 acres of land, more or less.
EXHIBIT "A"
0159D
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LANDS OF WILUMtS t-
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FUTURE SEVEN .
SPRINGS PARKWI'Y ~
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PLAT TO ACCOMPANY THE DESCRIPTION OF THE LANDS OF LYDDON
TO BE DEDICATED FOR THE FUTURE FIRE STATION
OF THE CITY OF CUPERTINO
DAWN.: N
CHKD.:
DEPT.: t'/Y/L
R~GRuth and Going. Inc.
CIVIl. ENGINEERS . UNO SllVEYIIRS
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"NO FEE"
City of CUpertino
K 096fJflGE 781
CERl'IFICATE OF ACCEPrANCE is hereby given in order to OCII'ply with
the provisions of Section 27281 of the Government Code.
'!his is to certify that the interest in real property conveyed by
the deed or grant dated December 23, 1986, fran
DORCIIHY ANNE LYDOON, A!<A OORCmfY A. LYIX:X:N, A!<A OORCmfY LYDOON
to City of OJpertino, a governmental agen::y, is hereby aocepted by
order of the City Ca.n::il on March 30, 1987, am the grantee consents
to recordation thereof by its duly authorized officer.
Dated: APril 3. 1987
By:
~
K 096PAGE 78:¿
RESOWl'ION 00. 7124
A RE'3OWl'ICN OF 'IRE ClT\( CXXJNC:IL OF 'IRE ClT\( OF aJPERl'INO
~.1'J.NG GRAm' DEED OF REAL ~ FKH IXRmiY ANN I.YDI:X:H,
AIßO l<NCMN AS ~ A. I.YDI:X:H, AIßO l<NCMN AS ~ I.YDI:X:H;
FEE SIMPIE CHŒRSHIP OF PARCEL OF lAND FOR FIRE STATICN SITE;
WEST SIDE OF STELLING SCX7lH OF SE.V!N SPRINGS PARI<WAY;
~ 0.671 AæE
~, Dorothy Ann I¥àdCn, also known as Dorothy A. ~, also
kncwn as Dorothy ~, has executed a grant deed which is in qood and
sufficient form granti¡q to the City of OJpertino, Ccunty of Santa Clara,
State of Califomia, the fee title to certain real property for a fire
station site, situate in the City of OJpertino, more particularly
described in Exhibits "A" and "B", attached hereto and made a part hereof,
which is as follows:
All that certain real property situate in the City of OJpertino,
Ccunty of Santa Clara, State of California, OX'ISisting of
~tely 0.671 acre, located at the wst side of Stelling south
of Seven Springs Parkway.
Naf, 'l1ŒRfl'~, BE IT RESOLVED that the City of 0Jpertin0 aooept said
grant so tendered; and
IT IS RJR1HER RE'3OLVED that the City Clerk be and she is hereby
authorized to record said grant deed and this resolution.
PASSED AND AOOPl'ED at a regular meetin:7 of the city Ccuncil of the
City of 0Jpertin0 this 30th day of Marcn-~ , 1987 by the following
vote:
~ -t"S of tf\è City Ccuncll
AYES:
OOES:
ABSEm':
ABSTAIN:
Gatto, Plungy, Rogers. Spsrks
None
Johnson
None
&'.1="l':
APÆD\1ED:
/s/ Dorothy Cornelius
City Clerk
/s/ W. Reed Sparks
Mayor, City of 0Jpertin0