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CC Resolution No. 98-015䕒体啌䥔乏丠⹏㤠ⴸ㄰വഊ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 .