CC Resolution No. 98-015䕒体啌䥔乏丠⹏㤠ⴸവഊ䄊删卅䱏呕佉⁎䙏吠䕈䌠呉⁙佃乕䥃⁌䙏吠䕈䌠呉⁙䙏䌠偕剅䥔低偁剐噏义⁇佃呎䅒呃䌠䅈䝎⁅剏䕄⁒低‱但⁒乁啎䱁䱓剕奒匠䅅ⱌ倠佒䕊呃丠⹏㤠ⴷ〱ലഊ †††䕒体噌䑅戠⁹桴楃祴䌠畯据汩漠桴楃祴漠畃数瑲湩Ɐ䌠污晩牯楮ⱡ琠慨൴䌊慨杮牏敤潎‱潦档湡敧潴眠牯桷捩慨敢湥愠灰潲敶祢琠敨䐠物捥潴景畐汢捩圠牯獫愠摮琠楨慤⁹牰獥浥摥琠桴獩䌠畯据汩敢湡瑩栠牥扥⁹灡牰癯摥椠൮挊湯番据楴湯眠瑩桴牰橯捥⁴湫睯獡乁啎䱁匠啌剒⁙䕓䱁ബ倊佒䕊呃丠⹏㤠ⴷ〱ലഊ †††䕂䤠⁔商呒䕈⁒䕒体噌䑅琠慨⁴楦摭牡癡楡慬汢湡潮映牵桴牥灡牰灯楲瑡潩獩渠捥獥慳祲മഊ †††䅐卓䑅䄠䑎䄠佄呐䑅愠⁴敲畧慬敭瑥湩景琠敨䌠瑩⁹潃湵楣景琠敨䌠瑩⁹景畃数瑲湩桴獩㔠桴搠祡漠慊畮牡ⱹㄠ㤹ⰸ戠⁹桴潦汬睯湩潶整ഺഊ嘊瑯敍扭牥景琠敨䌠瑩⁹潃湵楣൬ഊ䄊䕙㩓†††††畂湲瑥ⱴ䐠慥Ɱ䨠浡獥瑓瑡潴Ɱ䌠慨杮低卅›††††丠湯䄊卂久㩔††††潎敮䉁呓䥁㩎†††丠湯ഊ䄊呔卅㩔楃祴䌠攠欠䨠ⴠ慍❹牯楃祴漠畾数繲潮
畃数瑲湩൯ഊㄊ㌰〰吠牯敲䄠敶畮䌊灵牥楴潮䅃㤠〵㐱㌭〲ല⠊〴⤸㜠㜷㌭㔳ഴ †䘠塁⠠〴⤸㜠㜷㌭㌳ളഊ倊䉕䥌⁃佗䭒⁓䕄䅐呒䕍呎††乁啎䱁匠啌剒⁙䕓䱁†††剐䩏䍅⁔低㜹ㄭ㈰佃呎䅒呃䌠䅈䝎⁅剏䕄⁒低റഊ䌊湯牴捡潴㩲慖汬祥匠畬牲⁹敓污䌠浯慰祮〳〵䈠慥潣求摶Ⱞ匠極整㈠㔰敗瑳匠捡慲敭瑮䅃㤠㘵ㄹ桔潦汬睯湩档湡敧牡敨敲祢愠灰潲敶㩤䅬⸮儠慵瑮瑩⁹摡番瑳敭瑮瑡甠楮⁴牰捩獥䉬摁楤楴湯污猠牴灩湩瑩浥渠瑯椠据畬敤湩戠摩䍬牃摥瑩映牯愠杧敲慧整瀠祡敭瑮††††††吠瑯污䌠慨杮牏敤潎റഊ␊㌠ⰱ㤱⸸㌶†ⰸ〴⸳㤶††㈨㠬㤱㘮紷․㘳㜬㈸㘮വഊ吊瑯污倠潲敪瑣牏杩湩污䌠湯牴捡൴䌊慨杮牏敤潎റ刊癥獩摥䌠湯牴捡൴ഊ␊㈠㜰㔬㠴㘮ര †㌠ⰶ㠷⸲㔶․㐲ⰴ㌳⸱㔲佃呎䅒呃剏䑬物捥ꉴ椯歳癯捩൨ ††倠扵楬潗歲൳ഊ䌊瑩⁹潃湵楣㩬ㄠ㔯㤯സ刊獥汯瑵潩潎㠹〭㔱犰瑴❬Ⱜ挲牯⁾签䌡䍖佉⁏縬⸺䝬繩爮
F 11120667
UPERTINO
NOV 4 199
.- . '. T rre Avenue C �-N c��
a } C`c)pca A cJ C)
. 'fin®® C 95®14
NO FEE IN ACCORDANCE ij
SPACE ABOVE THIS LINE ,C RER'£S USE r
f
COVENANT C
THIS COVENANT, made this 10th day of October, 1991 , by RANCHO SANz,
ANTONIO RETIREMENT HOUSING CORPORATION, a nonprofit corporation organized and
existing under the laws of the State of California, having its principal
office and place of business at 23500 Cristo Rey Drive, Cupertino, California
95014 ("Retirement Housing Corporation") ,
WITNESSETH: That
WHEREAS, Retirement Housing Corporation is the lessee of certain land
located in the County of Santa Clara, State of California, and more
particularly described in Exhibit A attached hereto and made a part hereof
(the "Land") , pursuant to that certain Ground Lease, made as of October 1 ,
1987, by and between The Roman Catholic Bishop of San Jose, as landlord, and
Forum Lifecare, Inc. ("Forum Lifecare") , as tenant, and recorded December 11 ,
1987, as Instrument No. 9536539, in the Official Records of Santa Clara
County, California, as amended by that certain First Amendment to Ground
Lease, made as of September 29, 1989, by and between such parties, and
recorded October 12, 1989, as Instrument No. 10285837, in such Official
Records, as further amended by that certain Second Amendment to Ground Lease, ,,
made as of November 30, 1989, by and between such parties, and recorded
December 15, 1989, as Instrument No. 10360135, in such Official Records, and
as assigned by that certain Assignment of Ground Lease from Forum Lifecare to
Retirement Housing Corporation, made as of November 30, 1989, and recorded
December 29, 1989, as Instrument No. 10375527, in such Official Records; and
WHEREAS, Retirement Housing Corporation is the owner of The Forum at
Rancho San Antonio (the "Community") , a continuing care retirement community
which is located on the Land and which comprises an independent living
component containing three hundred nineteen (319) units (the "Independent
Living Units"), an assisted living component containing thirty-four (34)
suites (the "Assisted Living Suites") , a nursing component containing
forty-eight (48) beds (the "Nursing Beds"; the Independent Living Units, the
Assisted Living Suites and the Nursing Beds being hereinafter referred to
collectively as the "Senior Housing Units") , and various common areas; and
WHEREAS, on November 12, 1985, the City of Cupertino City Council (the
"City Council ") approved Use Permit No. 32-U-85 for the Community (the "Use
Permit") ; and
WHEREAS, Condition 36 of the Use Permit states :
"At least 80 percent of the senior housing units shall be
occupied by residents of at least 60 years of age or older or married
i
91 12 3
couples living together where at least one spouse is 60 years of age
or older. Higher minimum age limits established by private
restrictions are permissible.
"The covenants, conditions and restrictions for the subject
development for the subject property shall include the above
referenced aged (sic) description and shall be approved by the City
Attorney and shall not be amended except by approval of the City of
Cupertino City Council . The applicant shall record a covenant in a
form approved by the City Attorney which shall obligate existing and
future property owners of the subject development to maintain the
above referenced age restriction for the Senior Citizen component
subject to State and local laws. "
WHEREAS, Retirement Housing Corporation desires to fulfill its
obligations under Condition 36 of the Use Permit,
NOW, THEREFORE, it is covenanted and agreed as follows:
1 . So long as the Land is used, developed and occupied as and for the
Community, at least eighty percent (80%) of the occupied Senior Housing Units
shall be occupied by residents of at least sixty (60) years of age or older,
or married couples living together where at least one spouse is sixty (60)
years of age or older.
2. This Covenant shall not be amended except by approval of the City
Council .
3. Retirement Housing Corporation and future owners of the Community
shall be obligated to maintain the above age restriction for the Independent
Living Component subject to state and local laws.
IN WITNESS WHEREOF, Retirement Housing Corporation has hereunto set its
hand and seal the date first herein mentioned.
Retirement Housing Corporation:
RANCHO SAN ANTONIO RETIREMENT HOUSING
CORPORATION
Attest: By:
Paul A. Shively, Vice Preside and
Treasurer
,Bruce R. Karr, Secretary
STATE OF INDIANA )
)SS:
COUNTY OF MARION )
Before me, a Notary Public in and for said County and State, personally
appeared Paul A. Shively and Bruce R. Karr, known to me and known by me to be
Vice President and Treasurer, and Secretary, respectively, of Rancho San
—2— j
9 18 NA
Antonio Retirement Housing Corporation, a California nonprofit corporation,
who acknowledged the execution of the foregoing Covenant for and on behalf of
said corporation.
WITNJ.�§,my hand and Notarial Seal this 10th day of October, 1991 .
o�•�`u)MYaa+'�j e���
i �0 -
•M !0
i a A M. Catherine Pyland, No ry Public and
0! r Resident of Marion Co nty, Indiana
O p�a•a,ma� � a►♦a /
M�Q!`' '�/a1y'�' Eyfi res: September 7, 1993.
Approve&" ' o form:
7 ,
Charles T. Killian, City Attorney,
City of Cupertino
-3-
glop
EXHIBIT A '
PARCEL Z:
A PORTION OF THAT CERTAIN 475 ACRE TRACT OF LAND CONVEYED TO THE
ROMAN CATHOLIC ARCHBISHOP OF SAN FRANCISCO BY DEED RECORDED MAY 13,
1920, IN BOOK 517 OF DEEDS, AT PAGE 40, SANTA CLARA COUNTY RECORDS,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL ID AS SAID PARCEL IS
DESCRIBED IN THE FINAL ORDER OF CONDEMNATION NO. P8390 HAD IN THE
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF
SANTA CLARA, PALO ALTO BRANCH, A COPY OF THE INSTRUMENT FOR WHICH " r
DECREE WAS RECORDED SEPTEMBER 7, 1965, IN BOOK 7096 OF OFFICIAL
RECORDS, PAGE 183, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING IN
THE NORTHWESTERLY LINE OF THAT CERTAIN 37.92 ACRE PARCEL OF LAND CON-
VEYED TO CATHOLIC FOREIGN MISSION SOCIETY OF AMERICA BY DEED RECORDED
JULY 29, 1929 IN BOOK 478 OF OFFICIAL RECORDS, PAGE 11, SANTA CLARA
COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING ALONG THE GENERAL
SOUTHWESTERLY LINES OF SAID PARCEL 1D, THE TEN FOLLOWING COURSES AND
DISTANCES; NORTH 46047'48" WEST 37.36 FEET, NORTH 77'33'00" WEST
181.89 FEET, NORTH 56°49'44" WEST 166.83 FEET, NORTH 5 0 07'45" WEST
169 . 97 FEET, NORTH 47°45 '40" WEST 493.95 FEET, NORTH 50°48 '38" WEST
200.26 FEET, NORTH 46 049'49" WEST 302.17 FEET, NORTH 61 04'48" WEST
100. 85 FEET, NORTH 53°33 '56" WEST 492.46 FEET AND NORTH 58004 '03"
WEST 151. 88 FEET TO THE NORTHEASTERLY CORNER OF PARCEL IE, AS SAID
LAST NAMED PARCEL WAS DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION;
THENCE ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL IE SOUTH 22015 '34"
WEST 155 .09 FEET TO THE MOST SOUTHERLY COENER OF SAID PARCEL IE
THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL IE NORTH
65 °58 '47" WEST 40. 87 FEET, MORE OR LESS, TO THE INTERSECTION THEREOF
WITH THE CENTERLINE OF THE PAVED ROADWAY LEADING TO SAINT JOSEPH ' S
SEMINARY; THENCE ALONG SAID CENTERLINE AS FOLLOWS: SOUTH 05002 '20"
WEST 159.41 FEET, SOUTH 01'27'23" WEST 100.00- FEET, SOUTH 01 016`37"
EAST 100. 00 FEET, SOUTH 03'02'54" EAST 67.84 FEET, SOUTHERLY ALONG AN
ARC OF A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 400.00 FEET
THROUGH A CENTRAL ANGLE OF 37'55143" AN ARC DISTANCE OF 264.79 FEET,
TANGENT TO THE PRECEDING CURVE SOUTH 40058 '37" EAST 31.47 FEET,
SOUTHEASTERLY ALONG AN ARC OF A TANGENT CURVE TO THE LEFT WITH A
RADIUS OF 700.00 FEET THROUGH A CENTRAL ANGLE OF 12045 '00" AN ARC
DISTANCE OF 155.77 FEET, TANGENT TO THE PRECEDING CURVE SOUTH
53043'37" EAST 189.70 FEET AND SOUTHEASTERLY ALONG AN ARC OF A
TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 600.00 FEET, THROUGH A
CENTRAL ANGLE OF 2 0 26'20" AN ARC DISTANCE OF 214.04 FEET; THENCE
LEAVING SAID CENTERLINE NORTH 56042'43" EAST 25.00 FEET; THENCE AT
RIGHT ANGLES SOUTH 33'17'17" EAST 1392.84 FEET, MORE OR LESS, TO A
POINT IN A NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED
AS PARCEL A, CONVEYED TO'COUNTY OF SANTA CLARA BY DEED RECORDED
OCTOBER 11, 1977, IN BOOK D197 OF OFFICIAL RECORDS, PAGE 696, SANTA
CLARA COUNTY RECORDS AND SHOWN AS A 127.884 ACRE PARCEL OF LAND UPON
RECORDER'S MEMO
FAINT WRITING, TYPING, CARBON
COPIE'S OIL DOT MATRIX PRINTERS
MAKE.DOOR PHOTOGRAPHIC RECORD
THAT CERTAIN RECORD OF SURVEY FILED OCTOBER 2, 1979, IN BOOK 450 OF
MAPS AT PAGE 41, SANTA CLARA COUNTY RECORDS, SAID POINT BEING DISTANT
ALONG SAID NORTHERLY 13N,E SOUTH 81'13'03" WEST 214.00 FEET FROM THE
MOST NORTHEASTERLY CORNER OF SAID PARCEL A; THENCE ALONG SAID
NORTHERLY LINE NORTH 81*13103" EAST 214.00 FEET TO SAID MOST
NORTHEASTERLY CORNER OF SAID PARCEL A; THENCE ALONG THE GENERAL
EASTERLY LINES OF SAID PARCEL A, AS SHOWN ON SAID RECORD OF SURVEY,
THE FOUR FOLLOWING COURSES AND DISTANCES: SOUTH 12*55009" EAST 245.07
FEET, SOUTH 09*25'070 EAST 745.77 FEET, NORTH 75 01'33" EAST 241.01
FEET AND SOUTH 30.13'39" EAST 196.71 FEET TO THE MOST EASTERLY CORNER }
OF SAID PARCEL A; THENCE ALONG THE NORTHEASTERLY PROLONGATION OF THE
SOUTHEASTERLY LINE OF SAID PARCEL A, NORTH 51°02'05" EAST 477.94
FEET, MORE OR LESS, TO THE INTERSECTION THEREOF WITH THE SOUTHERLY
LINE OF SAID 37.92 ACRE PARCEL; THENCE ALONG SAID SOUTHERLY LINE
NORTH 83°53 '21" WEST 118.42 FEET; THENCE ALONG THE SOUTHWESTERLY AND
NORTHWESTERLY LINES OF SAID 37.92 ACRE PARCEL THE THREE FOLLOWING
COURSES AND DISTANCES : NORTH 38°55'21" WEST 527.73 FEET, NORTH
12 033 '12" WEST 976.62 FEET AND NORTH 27°34'24" EAST 407.81 FEET, MORE
OR LESS, TO THE SAID POINT OF BEGINNING OF THIS DESCRIPTION. _
PARCEL 2 :
TOGETHER WITH AN EASEMENT (25. 00 FEET IN WIDTH) FOR INGRESS, EGRESS
AND ROADWAY PURPOSES THE EASTERLY AND NORTHEASTERLY LINES OF SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE HEREINABOVE MENTIONED SOUTHEASTERLY CORNER OF PARCEL
IE; THENCE FROM SAID POINT OF BEGINNING ALONG SAID SOUTHWESTERLY LINE
OF SAID PARCEL IE NORTH 65 058 '47" WEST 40.87 FEET TO THE INTERSECTION
THEREOF WITH THE CENTERLINE OF THE PAVED ROADWAY LEADING TO SAINT
JOSEPH' S SEMINARY AT THE TRUE POINT OF BEGINNING OF THIS DEWSCRIP-
TION; THENCE FROM SAID TRUE POINT OF BEGINNING ALONG SAID CENTERLINE
OF SAID ROADWAY AS FOLLOWS : SOUTH 05°02 '20" WEST 159.41 FEET, SOUTH
01°27'23" WEST 100.00 FEET, SOUTH 01°16'37" EAST 100.00 FEET, SOUTH
03 002 '54" EAST 67.84 FEET, SOUTHERLY ALONG AN ARC OF A TANGENT CURVE
TO THE LEFT WITH A RADIUS OF 400.00 FEET, THROUGH A CENTRAL ANGLE OF
37°55 '43", AN ARC DISTANCE OF 264.79 FEET, TANGENT TO THE PRECEDING
CURVE SOUTH 40 058 '37" EAST 31.47 FEET, SOUTHEASTERLY ALONG AN ARC OF
A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 700.00 FEET, THROUGH A
CENTRAL ANGLE OF 12°45'00", AN ARC DISTNACE OF 155.77 FEET, .TANGENT
TO THE PRECEDING CURVE SOUTH 53°43'37" EAST 189.70 FEET, AND
SOUTHEASTERLY ALONG AN ARC OF A TANGENT CURVE TO THE RIGHT WITH A
RADIUS OF 600.00 FEET, THROUGH A CENTRAL ANGLE OF 20°26 2O", AN ARC
DISTANCE OF 214.04 FEET TO THE TERMINUS OF THIS EASEMENT. THE
NORTHEASTERLY TERMINAL LINE FOR THIS EASEMENT BEING SAID SOUTH-
WESTERLY LINE OF SAID PARCEL IE .