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23. Villa Serra Apartment Grant Deed 10981 Franco Court, 20800 Homestead Rd CUPERTINO PUBLIC WORKS DEPARTMENT Summary AGENDA ITEM 13 AGENDA DATE July 20, 2010 SUBJECT AND ISSUE Villa Serra Apartments: a. Adopt a resolution approving a Grant D;ed from the City of Cupertino to Villa Serra Apartments for a property located at 10981 Franco Court,APN 326-09-025. b. Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a property located at 20800 Homestead Road,APN 326-09-056. BACKGROUND Villa Serra Apartments, the owner of the parcel at 23800 Homestead Road, was required to construct a new Public Park and a new Traffic Operations Center, and then transfer ownership of these facilities to the City of Cupertino in order to receive approvals for permits to construct improvements within and around 20800 Homestead Road. The final appro-ed layout of the Public Park, Traffic Operations Center and Villa Serra Apartments parking lot necessitated that the City of Cupertino grant a 12 foot by 80 foot strip of land, along the western edge of the current Traffic Operations Center, to Villa Serra Apartments to accommodate parking and drive aisle requirements. If Council adopts the two resolutions approving the Grant Deeds, the City will approve, and have recorded, the Lot Line Adjustment between 20800 Pomestead Road and 10981 Franco Court. FISCAL IMPACT There is no fiscal impact. 23-1 STAFF RECOMMENDATION a. Adopt a resolution approving a Grant Deed from the City of Cupertino to Villa Serra Apartments for a property located at 10981 Franco Court, APN 326-09-025. b. Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a property located at 20800 Homestead Road, APN 326-09-056. Submitted by: Approved for submission: Ralph A. Qualls, Jr. David W. Knapp Director of Public Works City Manager Attachments: A- Resolution No. 10- 13 B- Resolution No. 10- 1 ale 23-2 DRAFT RESOLUTION NO. 10-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING A GRANT DEED OF REAL PROPERTY FROM THE CITY OF CUPERTINO TO VILLA SERRA APARTMENTS FOR A PROPERTY LOCATED AT 10981 FRANCO COURT,APN 326-09-025 WHEREAS, the City Council of the City of Cupertino has approved the grant of real property from the City of Cupertino to Villa Serra Apartments, for a portion of property located at 10981 Franco Court, and WHEREAS, The City of Cupertino will execute a grant deed, which is in good and sufficient form, granting to Villa Serra Apartments, the fee title to that certain real property to be utilized for ingress and egress purposes for the lands of Villa Serra Apartments, situate in the City of Cupertino, and more particularly described in Exhibit A, attached hereto and made a part hereof, located at 10981 Franco Court, and WHEREAS, the City Manager has beer. authorized to sign the necessary documents to transfer title. NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino hereby approves said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant Deed. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 201h day of July, 2010,by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 23-3 RECORDING REQUESTED BY First American Title . AND WHEN RECORDED MAIL DOCUMENT TO: Villa Serra Apartments c/o Prometheus 1900 S. Norfolk Street, Suite 150 San Mateo, CA 94403 Space Above This Line for Recorder's use Onir (#2a) A.P.N.:Portion 326-09-025 being conveyed GRANT DEED (LOT LINE ADJUSTMENT) The Undersigned Grantor(s)Dedare(s): DOCUMENTARY TRANSFER TAX$0.00, CITY TRANSFER TAX$0.00; SURVEY MONUMENT FEE$10.00 j computed on the consideration or full value of property conveyed,OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, J unincorporated ar aa ; [X I City of CUPERTINO, NOTE: EX H NGE — NO CONSIDERATION PAID BY GRANTEE Signatur Decl rant -jpNATHAN MOSS,VICE PRESIDENT NMLA 101RA APARTMENTS,a Cal ifOrr►ja t1Mjttc� poN-tr%erSh l P 13Y-flrUSIDERATION, i11,ine"a California Corporation its gene►ro�l l�lrther FOR A VALUABLE receipt of which is hereby acknowledged, the City of Cupertino, a Municipal Corporation hereby GRANTS to Villa Serra Apartments, a California limited partnership the following described property in the City of Cupertino, County of Santa Clara, State of California: See"EXHIBIT"A"attached hereto and made a part hereof. The real property described in EXHIBIT"A"and as shown on the map attached hereto is of "Lot 1 After Adjustment"described in that certain"LOTLINE ADJUSTMENT Villa Serra Apartments, a California limited partnership and the City of Cupertino, a Municipal Corporation APN: 326-09-056 and 326-09-025"recorded concurrent herewith. 23-4 3 Paqe 1 of 2 A.P.N.:Portion 326-09-025 being conveyed Dated: 04/1512010 City of Cupertino, A Municipal Corporation By: Title: STATE OF )SS COUNT( OF ) On , before me,, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature My Commission Expires: This area for off1dal notarial seal Notary Name: Notary Phone: Notary Registration Number: County of Principal Place of Business: 23-5 .e Pane 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION LOT 1 AFTER ADJUSTMENT VILLA SERRA APARTMENTS REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL SIX OF DOCUMENT NO. 1776267 FILED FOR RECORD ON MARCH 1, 1960 AND A PORTION OF PARCEL B AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA CLARA COUNTY RECORDERS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE FROM SAID POINT OF BEGINNING NORTHERLY ALONG THE EAST RIGHT-OF-WAY OF STELLING ROAD AS SHOWN ON SAID RECORD OF SURVEY, NORTH 00°02'27"EAST,A DISTANCE OF 454.18 FEET; THENCE THE FOLLOWING COURSES AND DISTANCES: SOUTH 89°57'33"EAST,A DISTANCE OF 25.00 FEET; NORTH 89°47'06"EAST,A DISTANCE OF 112.00 FEET; NORTH 44°47'06"EAST,A DISTANCE OF 25.73 FEET; NORTH 89°47'06"EAST,A DISTANCE of 297.37 FEET; SOUTH 89°56'58"EAST,A DISTANCE OF 245.01 FEET; THENCE NORTH 00°13'08" WEST, A DISTANCE OF 526.35 FEET TO THE SOUTH RIGHT-OF-WAY OF HOMESTEAD ROAD(90 FEET WIDE)AS SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89°47'00" EAST,A DISTANCE OF 482.97 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF--WAY SOUTH 00000'00"WEST A DISTANCE OF 61.83 FEET; THENCE SOUTH 90°00'00" FAST DISTANCE OF 16.00 FEET; THENCE SOUTH 00000'00"WEST A DISTANCE OF 251.97 FEET; THENCE SOUTH 90000'00"EAST A DISTANCE OF 113.75 FEET TO THE EAST LINE OF SAID PARCEL B; THENCE ALONG SAID EAST LINE SOUTH 00°02'05" EAST, A DISTANCE OF 674.35 FEET TO THE SOUTH LINE OF SAID PARCEL B; THENCE ALONG SAID SOUTH LINE SOUTH 87°49'13"WEST,A DISTANCE OF 90.71 FEET; THENCE SOUTH 89°30'52"WEST,A DISTANCE OF 1218.34 FEET TO THE POINT OF BEGINNING. APRIL 6, 2010 p IANo �JFP�. Cq� �F NO. * Exp. 12/31/11 • �q��OF CALIFO��\ 7 -7 /c) SHEET 3 of 5 Admindata/Legal/207131.LLA3 LOT1_POST.doc 23-6 LEGEND: LAND 8 ALL DISTANCES AND DIMENSIONS ARE IN FEET AND J�p S. C,'e l\ DECIMALS THEREOF. - - . NEW LOT LINE � NO' 77 6 04N ———————————— LOT LINE BEING REMOVED , 12/31/11 4 - - PARCEL LINES �qrf 0� �F� GRAPHIC SCALE —-—-—-—-— STREET CENTERLINE cAt TIE LINE 1 inch = 20G ft. POC POINT OF COMMENCEMENT LOT 2 POB POINT OF BEGINNING LAND TO BE GRANTED TO CITY OF CUPERTNO R=1a00' TOTAL AREA= L-23.61' o HOMESTEAD ROAD 36,636±SF OR 0.84±ACt 70'S5' _ _ t (PUBLIC ROW 90' WIDE} N89'4TO0 7.48 w - - -- IF T 482.97' S00'170'00'W 61.8.JPLI � PARCEL 1 U PARCEL d S90170'O0-& 1600p45 Z { N89'47'49"E, 125. 54 > N LAND TO BE GRANTED TO Doc N0 VILLA SERRA APARTMENTS80.00 N m �Z 182874.40 N00'06'290W, 80.01' 1 __ o h � c I o 4- PARCEL 2 DOC NO S89'47'32"W, 125.62' 81.09 I82874d0 SWIVOIO'IK 251.97' f z :3 _ _ $ 11.�75 -1POB `� LAND TO BE SyM . LOT .5 GRANTED TO CITY PARCEL 3 �� � �g OF CUPERTINO I � � S893'rjj F N89'4TQ1 5-1 jrlo' A 9XZ P� 51297.02201 _49py 1 N44'4T06 S89"56 58 PARCEL R 24501' N8.9'47'06T 2573 112.00' LOT 1 0 AREA= 895,645 ±SF OR 20.56 f AC YJL LA S.eRRA -� gAPirS Z m POB a LOT 1 J S$7'497,3"W POC LANDS 0.5 S7AlE 0.� CALY0RN1A 90.71 LOT 2 0 PLAT TO ACCOMPANY LEGAL DESCRIPTIONS EXHIBIT "A" 0 DATE, 04 09 10 sir SAND 1 S `"`"`wm' SGIE' 1'-2W LOT LAVE ADJUM MENT aase.suew.0 I roanuevrwuao~ I Reow�aoo I�s�oresars I...�..ik.Me MWWM NNNQ 2D7131 a rERTINO $ SHEM 207131 (4za) 5DE-502-A(Front)Rev. 10(8-07) PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY [To be completed by transferee (buyer) prior to transfer of subject property in accordance with Section 980.3 of the Revenue and Taxation Code-) A Preliminary Change of Ownership Report must be filed with each conveyance in the County Recorder's Office for the county where the property is located; this particular form may be used in all 58 counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT SELLER/TRANSFEROR: City of Cupertino,a Municipal Corporation BUYER/TRANSFEREE: Villa Serra Apartments,a California limited partnership ASSESSOR'S PARCEL NUMBER(S): Portion 326-09-025 PROPERTY ADDRESS OR LOCATION: Portion 10981 Franco CL Cupertino,CA MAIL TAX INFORMATION TD: Name:Villa Serra Apartments c/o Prometheus Address: 1900 S.Norfolk St.,Suite ISO San Mateo,CA 94403 Phone Number(B am.-5 p m) (650)932-3100 NOTICE: A lien for property taxes applies to your property on January I of each year for the taxes owing in the following fiscal year,July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1. The first installment becomes delinquent on December 10, and the second Installment becomes delinquent on April 10. One tax bill is malted before November 1 to the owner of record. You may be responsible for the current or upcoming property taxes even If you do not receive the tax bill. The property,which you acquired,may be subject to a supplemental assessment in an amount to be determined by the County Assessor. For further information on your supplemental roll obligation,please call the County Assessor's Office, PART I: TRANSFER INFORMATION (please answer all questions) Yes No ❑ F A. Is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement;etc}? ❑ I B. Is this transaction only a correction of the name(s)of the person(s)holding title to the property(for example,a name change upon marriage)? Please explain ❑ ® C is this document recorded to create,terminate,or reconvey a lender's interest in the property? ❑ X❑ D. Is this transaction recorded only as a requirement far financing purposes or to create,terminate,or recorwey a security interest (e g.cosigner)?Please explain ® E. Is this daarment recorded to substitute a trustee of trust,mortgage,or other slmil do❑ cumenk? ❑ X❑ F. Did this transfer result in the creation of a joint tenancy in which the seller(transferor)remains as one of the joint tenants? ❑ X❑ G Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this transfer of properly: ❑ X 1. to a revocable trust that may be revoked by the transferor and Is for the benefit of the ❑ transferor Q transferor's spouse? ❑ X 2. to a trust that may be revoked by the Creator/Grantor who Is also a joint tenant,and which names the other joint teriant(s)as beneficiaries when the Creator/Grantor dies? 3- to an irrevocable bust for the benefit of the ❑ Creator/Grantor and/or ❑ X❑ ❑ Grantor's spouse? ❑ X❑ 4, to an irrevocable trust from which the properly reverts to the Creator/Grantor within 12 years? ❑ ® I If this property is subject to a lease,is the remaining lease term 35 years or more including written options? ❑ X❑ -). Is this a transfer between ❑ parent(s)and child(ren)? ❑ or from grandparent(s)to grandchild(ren)7 ❑ ❑X `K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? ❑ Yes ❑ No ❑ 0 *L. Is this transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69 57 Within the same county ❑ Yes ❑ No ❑ X❑ M. Is this transfer solely between domestic partners currently registered with the California Secretary of State? *If you checked yes to J,K,or L,you may qualify for a property tax reassessment exclusion,which may result In lower taxes on your property. If you do not file a claim,your property will be reassessed. Please provide any other information that would help the Assessor to understand the nature of the transfer. If the conveying document constitutes an exclusion from a change in ownership as defined In Section 62 of the-Revenue ark Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: Please answer all questions in each section. If a question does not apply,indicate with'N/A.' Sign and Date at bottom of second page. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date 8 Type of transfer. (please shed appvpriate box Purchase ❑ Foreclosure Gift X❑ Trade or Exchange ❑ Merger,Stock,or Partnership Acquisition ❑ Contract of Sale-Date of Contract ❑ Inheritance-Date of Death ❑ Other(please explain): ❑ Creation of a Lease ❑ Assignment of a Lease ❑ Termination of a Lease ❑ Sale/Leaseback ❑ Date lease began ❑ Original term In years(Including written options) ❑ Remaining term in years(including written options) Monthly Payment Remaining Term: C. Was only a partial interest in the property transferred? ❑ Yes X❑ No If yes Indicate the percentage transferred o� BOE-502-A(Back)Rev 10(8-07) Please write Assessor'F Parcel lVumber(s): Please aruw2r to the best of your knowledge all app/icable questions,then sign and data If a question des not app/j,indicate Aft W/A.' PART EII: PURCHASE PRICE AND TERMS OF SALE w A. CASH DOWN PAYMENT OR value of trade or exchange(erdudinq closing costs) Amount$ 0.0 B. FIRST DEED OF TRUST @ %interest for years. Pymts-/Mo._ (Prin.&Int only) Amount$ 0,00 ❑FHA( Discount Points) ❑Faced rate New loan ❑Conventional ❑Variable rate H Assumed existing loan balance HVA( Discount Points) E]All inclusive D T. ($ Wrapped) ❑Bank or savings&loan Cal-vet ❑Loan carried by seller ❑Finance company Balloon payment ❑Yes ❑No Due Date Amount$ C. SECD14D DEED OF TRUST @ 1/6 interest for years- Pymts./Mo = p (Prin.&Int only) Amount$ ❑Bank or savings&loan ❑Fixed rate a New loan ❑Loan carried by sailer ❑Variable rate ❑Assumed existing loan balance Balloon payment ❑Yes ❑No Due Date Amount$ D. OTHER FiNAi4CING—is other financing involved not covered in(b)and(c)above:? ❑Yes ❑No Amount$ T pe @ %Interest for years. Pymts./Mo._$ (Prin.&Int.only) Bank or savings&loan Fixed rate ❑New loan ❑Loan carried by seller ❑Variable rate ❑Assumed existing loan balance Balloon payment ❑Yes ❑No Due Date Amount¢ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑Yes 7�No Outstanding Balance: Amount$ F. TOTAL PURCHASE PRICE(or acquisition price,if traded or exchanged,Indude reiV estate commission if paid) TOTAL ITEMS A THROUGH E I $0.D0 G PROPERTY PURCHASED ❑Through a broker Q Direct from seller ❑From a family member X❑Other(please arplaxrj If purchased through a broker,provide brokers name and phone number: Please explain any special terms,seller concessions,or financing and any other Information that would help the Assessor understand the purchase price and terms of sale: This transfer Is part of a Lot Line Adjustment where a portion of the Clty of Cupertino owned APN 326-09-025 is being conveyed to the adjacent owner Villa Serra Apartments,a California limited partnership and recording concurrently as part of the same Lot Line Adjustment, Vnin Serra Apartments,a California limited partnership is conveying poitions of their adjacentAPN 326-09-056 to the City of Cupertino . PART IV: PROPERTY INFORMATIOTI A. TYPE OF PROPERTY TRANSFERRED: Single-family residence ❑Agricultural ❑T nneshare ❑Multiple-family residence(no.of units: } ❑co-op/own-your-own ❑Manufactured home ❑X Commerrlal/Industrlal ❑Condominitim ❑Unimproved lot ❑Other(Description:I.e,timber,mineral,water rights,etc- ) B IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? ❑Yes Q No If yes,enter date of occupancy / ,20 or intended occupancy / ,20 f—th) {day) 6-1 (—th) (day) fry) C IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,Furniture farm equipment,machinery,etc) (other than a marnrfactured hoaxe subject to local property tax)? fl Yes NO if yes,enter the value of the personal property included in the purchase price$_ (Attach itemized fist of personal properly.) D. I5 A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? ❑Yes [J No If yes,how much of the purchase price is allocated to the manufactured home?. Is the manufactured home subject to local property tax? ❑Yes ❑No What Is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? ❑Yes Q No If yes,Is the Income from: ❑Lease/Rent ❑Contract ❑Mineral Rights ❑Other;please explain): F. WHAT WAS THE Ct7NDTFION OF PROPERTY AT THE TIME OF SALE? ❑Good 0 Average ❑Fair ❑Poor Please explain the physical condition of the property and provide any other information (such as restrictirx s, etc.) ttfaY would assist the Assessor in determining the value of the property: CERTIFICATION OWNERSHIP TYPE (�/) Proprietorship ❑ Partnership 0 I certfy that the foregoing is true, correct and complete to the best of my knowledge and belief. Corporation ❑ This declaration Is&7ding on each and every co-owner and/or partner. Other ❑ 14AME Of NEW OWNER/CORP RATE OFFICER TITLE J30WAJtAAW VA6SSj Villa Serra ApartmenAqa Calif rnia ed pa rship 1410E •"RV;IOEh1T SIGNATURE OF NEW DWI N I RP E F7 its 03 Pam r DATE 0-11 u-1 l}t] NAME OF ENTM f red FEDERAL EMPLOYER ID NUMBER Villa Serra Apartm a California limited partnership ADDRESS{typed M'P!' PHONE NUMBER(8 am -S p m.) E-MAIL ADDRESS foptianatf 23-9 1.900 S. NorfoIte 150 San Mateo,CA 94403 (6513)931-31DO L (Note: The Assessor may contact you for additional information) If a document evidencing a chance of ownershlo is presented to the mcarder for recordation withoutthe concurrent Flina of a oratimfnary 3 i YCC... JII 206/1 .� KODhAK h c67. w '.LLl i LWU 'W L74 LA GRANDE= z �, I zo5� LL O 7 � 9 d 2 20C91 � ' O _ a ®4— • HOMESTEAp _ 109�0 0 20800 d e i N Z o, o � . id �SkY k9• 1 t_ L IIL p - ffio n d M N h MEM r �. E YJ 4 9 w tOB70 Sri c LESTE P. �_ - - -- 5 = - - -. - p a r R� ff k RRA IMOW r 20975' @VALLEY GREEN 13 - ev 9 �• _ 75 r I :5Adopt a resolution approving a Grant Deed from the City of Cupertino to Villa Serra Apartments for a property located at . This Grant Deed will accompanydocuments for • • lot line adjustmentbetween the City of • • and Villa landsSerra Apartments for the approved Villa Serra Public Park. The City agrees to grant a strip of land, which was previously part of the traffic operations center, to Villa Serra Apartments, for purposes of ingress and egress within the of Villa Serra Apartments. {{ 1 ia RESOLUTION NO. 10-140 DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM VILLA SERRA APARTMENTS FOR A PROPERTY LOCATED AT 20800 HOMESTEAD ROAD,APN 326-09-056 WHEREAS, the City Council of the City of Cupertino has approved the acquisition of real property from Villa Serra Apartments for a portion of property located at 20800 Homestead Road, and WHEREAS, Villa Serra Apartments has executed a grant deed, which is in good and sufficient form, granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to that certain real property to be utilized for public purposes, situate in the City of Cupertino, and more particularly described in Exhibit A, attached hereto and made a part hereof, located at 20800 Homestead Road,and WHEREAS, the City Manager has been authorized to sign the necessary documents to transfer title. NOW, THEREFORE, BE IT RESOLVED,that the City of Cupertino hereby accepts said grant so tendered; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said Grant Deed, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 201h day of July, 2010, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 23-11 RECORDING REQUESTED BY First American Title AND WHEN RECORDED MAIL DOCUMENT TO: City Clerk City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Space Almve This Line for Recorders Use only (#2b) A.P.N.: Portions 326-09-OS6 being conveyed GRANT DEED (LOT LINE ADJUSTMENT) The Undersigned Grantor(s)Dedare(s): DOCUMENTARY TRANSFER TAX$0.00;CITY TRANSFER TAX$D-00; SURVEY MONUMENT FEE$0 00-Exempt per Government Code 27383 and Revenue&Taxation Code 11922 f computed on the consideration or full value of property conveyed,OR computed on the mnsideration or full value less value of pens and/or encumbrances remaining at time of sale, unincorporated area; IX) City of LUPERTINO,and FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Villa Serra Apartments, a California limited partnership hereby GRANTS to the City of Cupertino,a Municipal Corporation the following described property in the City of Cupertino, County of Santa Clara, State of California: See"EXHIBIT"A"attached hereto and made a part hereof. The real property described in EXHIBIT"A"and as shown on the map attached hereto is of "Lot 2 After Adjustment"described in that certain"LOTLINE ADJUSTMENT Villa Serra Apartments, a California limited partnership and the City of Cupertino, a Municipal Corporation APN: 326-09-056 and 326-09-025"recorded concurrent herewith. - 23-12 A.P.N. :Portions 326-09-056 being . conveyed Dated: 04115/2010 Villa Serra Apartments, A California limited partnership By: PromHill, Inc., a California corporation Its: Gene r Pa By: Name: Title: l STATE OF )SS COUNTY OF On kLh&&M &M "S j-ojQ , before me, , Notary Public, personally ppeared ZC`os-inerm > MaS-5— who proved to me on the basis of satisfactory evidence to be the personX whose nam bscribed to the wil:hin instrument and acknowledged to me that QSheA�executed the same in authorized capacityki 5q,and that by?tbe -signatur on the instrument the perso5PIrl or the entity upon behalf of which the person c ed, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ��� SLAYER ConoMalloo#�IS160o8 Notary PUMIC-cal"Orala /n4a & Sao moo CovaL24jt2 My Commission Expires: aTnp�c—,-20 2 1bis area for offiaal notarial seal —r Notary Name: I'L,J S.At l- Notary Phone:��SD�313�/ril Notary Registration Number:_1$ Co.mty of Principal Place of Business: 5W__ fV 23-13 a EXHIBIT `sA" LEGAL DESCRIPTION LOT 2 AFTER ADJUSTMENT CITY OF CUPERTINO REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF PARCEL SIX OF DOCUMENT NO. 1776267 FILED FOR RECORD ON MARCH 1, 1960 AND A PORTION OF PARCEL B AS SHOWN ON THAT RECORD OF SURVEY FILED FOR RECORD ON MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, SANTA CLARA COUNTY RECORDERS OFFICE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL B; THENCE NORTHERLY ALONG THE EAST LINE OF SAID PARCEL B, NORTH 00002'05"WEST A DISTANCE OF 674.35 FEET TO THE POINT OF BEGINNING; THENCE FROM SAID POINT OF BEGINNING CONTINUING ALONG SAID EAST LINE, NORTH 00002'05"WEST A DISTANCE OF 299.24 FEET TO A TANGENT CURVE; THENCE ALONG SAID TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET,AN ARC LENGTH OF 23.61.,FEET AND AN INCLUDED ANGLE OF 90010'55" TO THE SOUTH RIGHT-OF-WAY OF HOMESTEAD ROAD(90 FEET WIDE)AS SHOWN ON SAID LOT LINE ADJUSTMENT; THENCE ALONG SAID SOUTH RIGHT-OF-WAY SOUTH 89047'00"WEST A DISTANCE OF 114.51 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF-WAY SOUTH 00000'00"WEST A DISTANCE OF 61.83 FEET; THENCE SOUTH 90000'00"EAST A DISTANCE OF 16.00 FEET; THENCE SOUTH 00000'00"WEST A DISTANCE OF 251.97 FEET; THENCE SOUTH 90000'00" EAST A DISTANCE OF 113.75 FEET TO SAID EAST LINE OF PARCEL B AND THE TRUE POINT OF BEGINNING; CONTAINING AN AREA OF 36,636 SQUARE FEET OR 0.84 ACRES MORE OR LESS. APRIL 6, 2010 �p 1AND SU s NO. 7 Exp. 12/31111 - -. sT 9TF OF CAL1F��� SHEET 4 of 5 Admindata/LegaV207131.LLA3_LOT2_POST.doe 23-14 LEGEND: ALL DISTANCES AND DIMENSIONS ARE IN FEET AND LAND DECIMALS THEREOF. �So sip` NEW LOT LINE J? , - C14 ------------ LOT LINE BEING REMOVED � NO, 9 4 p S 775 — — PARCEL LINES �` 13 /�1 GRAPHIC SCALE 200 ------------ STREET CENTERLINE 9 �\Pjib TIE LINE 1 inch = 200 ft. POC POINT OF COMMENCEMENT LOT 2 POB POINT OF BEGINNING LAND TO BE GRANTED TO CITY OF CUPER11NO R=15�00' TOTAL AREA= L=23 6l' o HOMESTEAD ROAD 36,636±SF OR 0.84±AC &9090'55a r (PUBLIC ROW 90' WIDE} - _ - — - A16,9.47'D0+ 597.480 i 4829r 114.51' i PARCEL d PARCEL i I ���'61' LOT 2 •�` u S990W 00Z 16.00 r 13815' Al Q o I45. Zb (I I I� N89'47 49.E, 125.72 �,$ ��, N LAND TO BE GRANTED TO u ��p45 4 DOC Now I I� VILLA SERRA APARTMENTS80.00=--� w PARCEL 2 16267440 NOD'06'291W, 80.01' A T o nnC No S89 47 32 W, 125.62 81.09' % 16287d40 S00W'00'W, 251.9r POB I I�� LAND TO BE S90W RE LOT GRANTED TO CITY v PARCEL 3 (I I I OF CUPERTINO 008 NW4r06'E 10' 15', 297..3r - 220.01' 1 BX 2_49 JiAPs P6 51 N44'4r06 S8956 58 - PARCEL B N89.4ro6'� 257X 245�01' 112.00' LOT 1 0 AREA= 895,645 ±SF OR 20.56 ±AC II I W N •�I VJ LA 59RRA .a APIs 2 Eq LOB LOT 1 _ S89JO'521W 1218.34 S9749'1,3'W POC LANDS DJ± S7AE DJ: CALIFORX-JA 90.T7' LOT 2 a PLAT TO ACCOMPANY LEGAL DESCRIPTIONS EXHIBIT "A" �, � ]2001 SHEEr S/�N S ( "M`•••••••• MME- 1' LOT LM ADJUS f MEWT "lwalOtl r •YNlIf auww a�u V 1A SERI A .saaa� umal r..m�w.tiuwal 1 Rta0.1 qAw I Raa09Nam ww.lnl.aa MAWNGNa20713CU3ERW OF-15 SHEM 2W131 — (#2b) BOE-502-A(Front)Rev. 10(B-07) PRELIMINARY CHANGE OF OWNERSHIP REPORT FOR RECORDER'S USE ONLY [To be completed by transferee(buyer)prior to transfer of subject property in accordance with Section 480.3 of the Revenue and Taxation Code] A Preliminary Change of Ownership Report must be filed with each conveyance in the County Rernrder's Office for the county where the property is located; this particular form may be used in all SB counties of California. THIS REPORT IS NOT A PUBLIC DOCUMENT S ELLERITRANS FERO R: Villa Serra Apartments,a California limited partnership BUYER/TRANSFEREE: City of Cupertino,a Municipal Corporation ASSESSOR'S PARCEL NUMBER(S); Portions 326-09-056 PROPERTY ADDRESS OR LOCATION: portions 20800 Homestead Road,Cupertino,CA MAIL TAX INFORMATION TO: Name:City of Cupertino,a Municipal Corporation Address: 10300 Terre Avenue,Cupertino,CA Phone Number(B a m —5 p m) NOTICE: A lien for property taxes applies to your property on January 1 of each year for the taxes owing In the following fiscal year,July 1 through June 30. One-half of these taxes is due November 1, and one-half is due February 1- The first Installment becomes delinquent on December 10, and the second Installment becomes delinquent on April 10. One tax bill is mailed before November 1 to the owner of record, You may be responsible for the current or upcoming property taxes even if you do not receive the tax bill. The property,which you acquired,may be subject to a supplemental assessment in an amount to be determined by the County Assessor.For further information on your supplemental rol obligation,please call the County Assessor's Office. PART I: TRANSFER INFORMATION (please answer all questions) Yes No HIXA Is this transfer solely between husband and wife(addition of a spouse,death of a spouse,divorce settlement,etc)? FRI B. is this transaction only a correction of the name(s)of the person(s)holding title to the property(for example,a name change upon marriage)?Please explain C. is this document recorded to create,terminate,or reconvey a lender's interest in the property? QD_ Is this transaction recorded only as a requirement for financing purposes or to create,terminate,or reconvey a security Interest (e g cosigner)?Please explain ® E. Is tfiis document recorded to substitute a trustee of trust,mortgage,or other similar document? ® F. Did this transfer result In the creation of a joint tenancy In which the seller(transferor)remains as one of the joint tenants? ® G. Does this transfer return property to the person who created the joint tenancy(original transferor)? H. Is this transfer of property: ® 1. to a revocable trust that may be revoked by the transferor and Is for the benefit of the ❑ transferor transferor's spouse? 0 O 2. to a trust that may be revoked by the Creator/Grantor who is also a joint tenant,and which names the other joint tenant(s)as beneficiaries when the Creator/Grantor dies? F-1 [X 3. to an irrevocable trust for the benefit of the Creator/Grantor and/or Grantor's spouse? XX 4. to an Irrevocable trust from which the property reverts to the Creator/Grantor within 12 years? XQ I. If this property Is subject to a lease,is the remalnmg lease term 35 years or more including written options? ® "J Is this a transfer between Q parent(s)and rhild(ren)? D or from grandparent(s)to grandchild(ren)? X� *K. Is this transaction to replace a print al residence b a person 55 years of age or older? Within the same county? Yes F] No X-I *L Is thts transaction to replace a principal residence by a person who is severely disabled as defined by Revenue and Taxation Code Section 69.5? Within the same county n Yes No X� M. Is fhds transfer solely between domestic partners currently registered with the California Secretary of State? *If you checked yes to I, K, or L,you may qualify for a property tax reassessment exclusion,which may result In lower taxes on your property, If you do not file a claim,your property will be reassessed, Please provide any other information that would help the Assessor to understand the nature of the transfer- If the conveying document constitutes an excusion from a change in ownership as defined in Section 62 of tale Revenue a�Taxation Code for any reason other than those listed above,set forth the specific exclusions claimed: Please answer all questions in each section. If a question does not apply,indicate with'N/A.' Sign and Date at bottom of second page. PART II: OTHER TRANSFER INFORMATION A. Date of transfer if other than recording date B. Type of transfer. (please cheat appropriate box).- Purchase 1:1Foreclosure Gift © Trade or Exchange Merger,Stock,or Partnership Acquisition Contract of Sale—Date of contract Inheritance—Date of Death ❑ Other(please explain): Creation of a Lease Assignment of a Lease Termination of a Lease Sale/Leaseback HDate lease began Original term in years(including written options) Remaining term in years(including written options) Monthly Payment Remaining Term- C. Was only a partial Interest in the property transferred? Yes a No If yes indicate the percentage transferred 0 GOE-502-A(Back)Rev. 10(8 07) Please write Assessor's Parcel 1Number-(s): Please ansmer—to the best of your know/edge,all all cab/e questions,then sign and date Ifa question does not apply,indicate lwth WA' PART III: PURCHASE PRICE:AAlD TERMS OF SALE A CASH DOWN PAYMENT OR value Of trade or exchange(excluft closing costs) Amount$ 0.00 B FIRST DEED OF TRUST @ %Interest for years Pymts/Mo.=$ (Prim.&Int-only) Amount$ 0.00 FHA( Discount Points) �]Fixed rate New loan Conventional Variable rate Assumed existing loan balance []VA( Discount Points) HAll hdus)ve D T ($ Wr-Aped) Bank or savings&loan Q Cal-Vet E)Loan carried by seller �]Finance company Balloon payment Yes n No Due Date Amount C SECOND DEED OF TRUST @ %interest for years Pymts/Mo- _ $ (Prim.&Int.only) Amount$ Bank or savings&loan []Fixed rate New loan Loan carried by seller t]Variable rate H Assumed existing loan balance Balloon payment Yes No Due Dat>- Amount$ D OTHER FINANCING-Is other financing Involved not covered in(b)and(c)above? EJ Yes nNo Amount T pe @ %interest for years. Pymts./Mo. =s (Prin,&Int-only) Bank or savings&loan Fixed rate []New loan Loan carried by seller []Variable rate Assumed existing loan balance Balloon payment El Yes Q No Due Date Amount$ E. WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? Flyes ]No Outstanding Balance.: Amount$ F TOTAL PURCHASE PRICE(or acquisition price,if baded or exchanged,include real estate commission((paid) TOTAL ITEMS A THROUGH E 1 $0.00 G PROPERTY PURCHASED Through a broker Q Direct from seller (]From a family member a]Other(please explai'nt If purchased through a broker,provide broker's name and phone number: Please explain any special terms,seller concessions,or financing and any other information that would help the Assessor understand the purchase price and terms of sale: This transfer is part of a Lot Line Adjustment where portions of APN 325-OS--056 owned by Villa Serra Apartments,a California limited partnership are being conveyed to the City of Cupertino owner of adjacent,APN 326-09-025.As part of the same Lot Line Adjustment and recording concurrent herewith is a deed from to the City of Cupertino to Villa Serra Apartments,a California limited partnership for a portion of their adjacent APN 326-09-025. PART IV: PROPERTY INFORMATION - A. TYPE OF PROPERTY TRANSFERRED: �]Single-family residence ❑Agricultura, ❑Timeshare �JX Multiple-famlly residence(no. of units: 1 �]Co-op/owr your-own Manufactured home Commerciai/Industrial Condominirun Unimproved lot ❑Other(Description:i.e.,timber,mineral,water rights,etc. } B- IS THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? Dyes Q No If yes,enter date of occupancy / ,20 or intended occupancy 1 ,ZO (month) (day) (rear) (der) (rein C IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE(i.e.,furniture-(farm eyu ment,machinery,etc) (other than a manufactured home subject to local property tax)? M Yes X No If yes,enter the value of the personal property included in the purchase price$_ (Attach itemized Tat of personal property.) D. IS A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? EJ Yes C1 No If yes,how much of the purchase price is allocated to the manufactured home? Is the manufactured home subject to local property tax? n Yes ❑No What is the decal number? E. DOES THE PROPERTY PRODUCE INCOME? Yes X-]No If yes,.Is the income from: Lease/Rent Contract D Mineral Rights ❑Other(please explain): F. WHAT WAS THE CONDITION OF PROPERTY AT THE TIME OF SALE? ❑food 0 Average Fair C]Poor Please explain the physical condition of the property and provide any other tnforsnation (such as restrictions, etc,)that would assist the Assessor in determining the value of the property: CERTIFICATION OWNERSHIP TYPE ( ) Proprietorship Partnership I certify that the foregoing/s true,correct and complete to the best of my knomkoige and belief. Corporation This declaration is bindng on each and every co-owner and/or partner. Other: Public Agency X Lai NAME OF NEW OWNER/CORPORATE OFFICER TITLE City of Cupertino,a Municipal Corporation SIGNATURE OF NEW OWNER/CORPORATE OFFICER DA7E NAME OF ENTITY(typed°rpnMed) FEDERAL EMPLOYER ID NUMBER City of Cupertino,it Municipal Corporation ADDRESS(typed atpantE4 PHONE NUMBER(8 a.m -5 p in I E-MAIL ADDRESS(optional) 23-17 10300 Terre Avenue,Cupertino,CA ra..*a• Tr,a Awc. r maw rnnt-Act vnu rnr additional information) � �nIJ.LJI/••�n - 2uv. t 20571 ➢a 7 JG no UJLU z z �, 5 z LA`i J O.. FlOM`E5 E-' ,'.53, y i j 1 art r ME a. . 1.. ru a. i I , � r.J '. t* 1' _ ".e•!Y3Z�zr-'�� ��" .�ID5'+'alaa'�..et�.-}3^ ""' . 4,�3".� -rl` � •.�' - � �" c hi,.r"'I� a.,����'�°�„✓ '�.',P� ER 55R' aabs VAL _ d io V 2 J J N F OhhB 4 8 1F'o5.t -U 55' r r � r a V b, `7 r7 ^�� '�1➢hF :If7F i.3 AIIS I� L M 105`J5 1059 I_ j > k 7➢6 9 '� I 11657I >•� last 2intt tt o— m �f i } 011 r N 'a , a•• f _ O L Li Q u�➢s�F �t�°a: '2,➢t ,n5t � y `f " � , �.:�, � �'`-a � - � s .y 'c 0495 '.zq -^50,a d' 1f15i 4 1 S G�z Adopt a resolution accepting a Grant Deed from Villa Serra Apartments for a property located at 20800 Homestead '• • A" • 1. 1 • • • • 1 1 7F - between accompany tl, SerraApartments • - approved SerraPublic - City agrees • accept, • SerraApartments, L-K grant ofland for - purpose of owningandmaintaining public park andnew trafficoperationscenter. 1_77,4 �_<u ' tub ,'6u,3 F t� C' rIF tr✓, 1v _� ��, �il •use. ,, a .,;.. tm r r, 4 ,