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CC Resolution No. 10-139 Grant Deed, Villa Serra Apartments 10981 Franco CourtRESOLUTION 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 been 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 20 day of July, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Chang, Mahoney, Santoro NOES: None ABSENT: Wong ABSTAIN: None ATTEST: City Clerk APPROVED: 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 Only' ( #2a) . A.P.N.:Portion 326 -09 -025 being conveyed GRANT' DEED (LOT LINE ADJUSTMENT) The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX $0.00; SURVEY MONUMENT FEE $10.00 [ 1 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, unincorporated ar9q; [X ] City of CUPERTINO, NOTE: EX ONGEWITA MY - NOiCONSIDERATION PAID BY GRANTEE Signatur Declarant ' MISS, VICE PRES iDENT V1t_LA APARTMENTS a Californ x limittck partr\erShip gY ill,lnc.,a CaliforniA corporation WS 9eherb,► Fortner FOR A VALUABLE '(�1NSIDERATION, 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. Page 1 of 2 A.P.N.:Portion 326 -04 -025 being conveyed Dated: 04/15/2010 ity of C pertino, A Municipal Corporation By: D *V ct> w KA iA P(2 Title: bee 0.- gcac_� C7eg4" .cc'ke STATE OF COUNTY OF On Public, personally appeared )SS before me, Notary , 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: Notary Name: Notary Registration Number: This area for official notarial seal Notary Phone: County of Principal Place of Business: Page 2 of 2 CALIF • ACKNO WLEDGMENT ,: ��s�c > g S S,y�� ��. �.',•;:��'.��.C,�S 4%- �.'S'a�,���, S • S��„ aS� ,.�.'t��.- .:�C'�.v.v!���4..a�> - v!a4a�.v!ti; ��vtav!�,•s�SS.;�e SAS � S,�Qr.�.'S,?����... State of California County of J 5 n n - FC.L 0Aa ra- On - ZZ, 2c) 10 before me, ►vin r lc�rte YYL , kjcj r1 j � Date Here Insert Name and Title of the Officer personally appeared I)Q y Lt) • r yt cZp p Name% of Signer(s) KIM MARM SMITH Commission # 1867296 z Notary Public - California Z Z Santa Clara County O Nov 1, 2013 who proved to me on the basis of satisfactory evidence to be the person(.s') whose name(d) is /aye subscribed to the within instrument and acknowledged to me that he /she/th y executed the same in his /herfteir authorized capacity(igig), and that by his /herheir signature(-s) on the instrument the person(g), or the entity upon behalf of which the person(g) 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. Place Notary Seal Above Signature Si gnature of Notary Public OPTION,4 L Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER .. o Number of Pages: Signer's Name: ❑ Individual Corporate Officer — Title(s): C Partner — ❑ Limited ❑ General I- Attorney in Fact C Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 9 ' 313 -2402 - www.NationalNotary.org Item #5907 Reorder: Call Toll -Free 1 -800- 876 -6827 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 MAP 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 0 02'27" EAST, A DISTANCE OF 454.18 FEET; THENCE THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 0 57'33" EAST, A DISTANCE OF 25.00 FEET; NORTH 89 0 47'06 ° EAST, A DISTANCE OF 112.00 FEET; NORTH 44 0 47'06" EAST, A DISTANCE OF 25.73 FEET; NORTH 89 0 47'06" EAST, A DISTANCE OF 297.37 FEET; SOUTH 89 ° 56'58" EAST, A DISTANCE OF 245.01 FEET; THENCE NORTH 00 0 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 0 47'00" EAST, A DISTANCE OF 482.97 FEET; THENCE LEAVING SAID SOUTH RIGHT -OF -WAY SOUTH 00 0 00'00" WEST A DISTANCE OF 61.83 FEET; THENCE SOUTH 90 0 00'00" EAST A DISTANCE OF 16.00 FEET; THENCE SOUTH 00 0 00'00" WEST A DISTANCE OF 251.97 FEET; THENCE SOUTH 90 0 00'00" EAST A DISTANCE OF 11 x,.75 FEET TO THE EAST LINE OF SAID PARCEL B; THENCE ALONG SAID EAST LINE SOUTH 00 0 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 0 30'52" WEST, A DISTANCE OF 12 18.34 FEET TO THE POINT OF BEGINNING. APRIL 6, 2010 � i_ANDS �j.c� J J � S ZNO. 12/31/11 / -` SHEET 3 of 5 '�E CAL -�J /ld Admindata/Legal /207131. LLA3_LOT1 _POST.doe LEGEND: ALL DISTANCES AND DIMENSIONS ARE IN FEET AND DECIMALS THEREOF. NEW LOT LINE ------ - - - - -- LOT LINE BEING REMOVED - - PARCEL LINES - — - - — - — STREET CENTERLINE TIE LINE Si p SAND S\ J. Cq C s 0 N0, � � Op .1 -71 E&M GRAPHIC SCALE 0 200 1 inch = 200 ft. 11200' LOT 1 AREA= 895,645 ±SF OR 20.56 PAC I� • YJLLA S,5RRA P AP7S S �k L POB LOT S8930'52'W 1218.34' LANDS DP' SIA7E CJ+ CAL Jr0R.NlA 1.3" WJ \- POC 90.71' LOT 2 0 PLAT TO ACCOMPANY LEGAL DESCRIPTIONS EXHIBIT JSHEEMTS 0 ® DATE 04 09 10 SH S A N D I S I °� "'°�� ST L ''=Z ° °' LOT LINE ADJU:: MENT .�...... DRA en slx VILLA SER ' eos caw. w..e Ma.Kala Vr�w a NNS R 66o.9eYMM I R eso Pas an ... w.a�..e APPROVED N t�C DRAWING NO' i 711.311 C�M OF 5 i R- 1500' L -2161' o =9070'55' D>; » 114.51' u LOT 2 N N o 1,36,15 �u 80.00 Z N m c0 14 o va 81.09' r 11.175�'�POB IYX 8 m LOT i i �a N a � o� >n x to 0. POC POINT OF COMMENCEMENT LOT 2 POB POINT OF BEGINNING LAND TO BE GRANTED TO CITY OF CUPERTINO TOTAL AREA= H RO 36,636±SF OR 0.84±AC (PUBLIC ROW 90' WIDE) Q _ N89 5 97.48_ 1 48297' PAR 1 17' S00110'00'W, 61.8.3''- i PARCEL s90V0 a0� 16.00 I 45' Zb I I 1 �I N89'47'49 "E, 125.72' - 4 I I 1 �I LAND TO BE GRANTED TO 1 T�p4� DOC NO J6267 VILLA SERRA APARTMENTS -4d0 N00 W, 80.01'f Z� 2 � S89 47 32 W, 125.62'- 0 Doc No J6 S00'g0'00 251.97'- J 1 =) � LAND TO BE S GRANTED TO CITY PARCEL 3 11 1 118 OF CUPERTINO 1 S6957'JJ T 25 00 N894 , 0' , 5' 220.0l' RK 249 MAPS P& 51 N44 S89S658 P A RC5'L B I� no•�rna�r 23.73' 245 24501' 11200' LOT 1 AREA= 895,645 ±SF OR 20.56 PAC I� • YJLLA S,5RRA P AP7S S �k L POB LOT S8930'52'W 1218.34' LANDS DP' SIA7E CJ+ CAL Jr0R.NlA 1.3" WJ \- POC 90.71' LOT 2 0 PLAT TO ACCOMPANY LEGAL DESCRIPTIONS EXHIBIT JSHEEMTS 0 ® DATE 04 09 10 SH S A N D I S I °� "'°�� ST L ''=Z ° °' LOT LINE ADJU:: MENT .�...... DRA en slx VILLA SER ' eos caw. w..e Ma.Kala Vr�w a NNS R 66o.9eYMM I R eso Pas an ... w.a�..e APPROVED N t�C DRAWING NO' i 711.311 C�M OF 5 i R- 1500' L -2161' o =9070'55' D>; » 114.51' u LOT 2 N N o 1,36,15 �u 80.00 Z N m c0 14 o va 81.09' r 11.175�'�POB IYX 8 m LOT i i �a N a � o� >n x to 0. (#2a) BOE -502-A (Front) Rev. 10 (B -07) PRELIMINARY CHANGE OF OWNERSHIP REPORT [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 REPOR IS N A PUBLI DO CUME NT SELLER[fRAIVSFEROR: City of Cupertino, a Municipal Corporation BUYER/TRANSFEREE: Villa Serra Apartments, a California limited partne e ASSESSOR'S PARCEL NUMBER(S): Portion 326- D9 -D25 PROPERTY ADDRESS DR LOCATION: Portion 10981 Franco Ct_ Cupertino, CEO MAIL TAX IIVFORI�lAT10N T0: Name: Villa Serra Apartments c/o Prometheus Address: 1900 S. NorfoOt St., Suite 150 San Mz teo, CA 94403 Phone Number (B a m — 5 p m) (650) 931-31011 I FOR RECORDER'S USE ONLY I 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 supp r ol l oblig please call the County Assessor's Office. PART I: TRANSFER INFORMATION _ (please answer all questions) Yes No X❑ 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 A C Is this document recorded to create, terminate, or reconvey a lender's interest in the property? ❑ XX D. 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 F �X E. Is this document recorded to substitute a trustee of trust, morlpage, 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? F a G Does this transfer return property to the person who created the joint tenancy (original transferor)? H. Is this transfer of property: O X 1 to a revocable trust that may be revoked by the transferor and Is for the benefit of the transferor El transferor's spouse? El ' 2 to a trust that may be revolved 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? 0 3, to an irrevocable bust for the benefit of the Creator /Grantor andJor Grantor's spouse? �X 1. to an irrevocable trust from which the property reverts to the Creator /Grantor within 12 years? XO I If this property is subject to a lease, is the remaining lease term 35 years or more including written options? XO `J. Is this a transfer between parent(s) and child(ren)? F or from grandparent(s) to grandchild(ren)? 0 0 `K. Is this transaction to replace a principal residence by a person 55 years of age or older? Within the same county? F Yes F No ❑ XO *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 P Within the same county F� Yes F No ® M. is this transfer solely between domestic partners currently registered with the California 5ecretary of State? *If you rhecked yes to 3, 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 and 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 check appPVpriafe box). E] Purchase El Foreclosure Gift XX Trade or Exchange Merger, Stock, or Partnership Acquisition F1 Contract of Sale — Date of Contract ❑ Inheritance — Date of Death 1:1 Dther (please explain): Creation of a Lease Assignment of a Lease El Ter - nination of a Lease F] Sale /Leaseback Date lease began Original term in years (including written options) Remaining term in years (including written options) Monthly Payment Remaining Term: C. Wa only a partial in in the property tran ❑ Yes x❑ No If yes indicate the percentage transferred %. BOE -502 -A (Back) Rev 10 (8 -07) Please write Assessor's Parcel Number(s); Please answer, to the best of your know /edge, all applicable questions, then siqn and date. Ifa question does not app /t; indicate x /th VA.' PART III: PURCHASE PRICE AND TERMS OF SALE A CASH DOWN PAYMENT OR value of trade or exchange (erduding closing costs) Amount $ O.OD B. FIRST DEED OF TRUST @ % interest for years Pymts . /Mo. = $_ (Prin. & Int. only) Amount $ 0.00 FHA( Discount Points) ❑ Fixed rate EJ New loan F] Conventional F� Variable rate Assumed existing loan balance VA( Discount Points) ❑ All inclusive D T ($ Wrapped) Bank or savings & loan D Cal -Vet F Loan carried by seller Finance company Balloon payment ❑ Yes ❑ IJo Due Date Amount $ C SECOND DEED OF TRUST @ % interest for years Pymts /Mo = $_ (Prin. & Int only) Amount $ Bank or savings & loan F Fixed rate New loan Loan carried by seller FI Varlable rate Assumed existing loan balance Balloon payment F Yes M No Due Date Amount $ D OTHER FINANCING - Is other financing involved not covered in (b) and (c) above? Yes No Amount $ T pe @ % interest for Bank, or savings & loan ❑ Fixed rate Loan carried by seller F� Variable rate Balloon payment E] Yes F] No years Pymts /Mo. _ $_ (Prin. & Int. only) New loan Assumed existing loan balance Due Date Amount $ E WAS AN IMPROVEMENT BOND ASSUMED BY THE BUYER? ❑ Yes EJ No Outstanding Balance: Amount $ F. TOTAL PURCHASE PRICE (or acquisition price, if traded or exchanged, indude real estate commission if paid) TOTAL ITEMS A THROUGH E I $O.DO G PROPERTY PURCHASED F Through a broker Direct from seller E] From a family member Q Other (please explain). 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 a portion of the City 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, Villa Serra Apartments, a California limited partnership is conveying portions of their adjacent APN 326 -09 -056 to the City of Cupertino . CERTIFIC OWNERSHIP TYPE PART IV: PROPERTY INFORMATION A TYPE OF PROPERTY TRANSFERRED: F Single - family residence Agricultural Timeshare X❑ ❑ Multiple - family residence (no. of units: ) Co- op /Dwn- your -own ❑ Manufactured home Corporation QX Commercial /Industrial Condominium Unimproved lot This dedaration is biniing on each and every co -owner and /or partner. Other (Description: i.e , timber, mineral, water rights, etc ) B I5 THIS PROPERTY INTENDED AS YOUR PRINCIPAL RESIDENCE? F_� Yes No NAME OF NEW OWNER/CORP RATE OFFICER If yes, enter date of occupancy / , 20 or intended occupancy 1 , 2D Calif rnia r (month) (da)) bear) (month) tday) bear) C IS PERSONAL PROPERTY INCLUDED IN PURCHASE PRICE (i e., furniture farm equ ment, machinery, etc.) (other than a manufactured home subject to local property tax)? M Yes [) No DATE 0 (DI Ilo 14AME OF ENTTTY (type If yes, enter the value of the personal property included in the purchase price $_ (Attach itemized list of personal property:) D. 15 A MANUFACTURED HOME INCLUDED IN PURCHASE PRICE? F] Yes QX No a California limited partnership If yes, how much of the purchase price is allocated to the manufactured home? _ Is the manufactured home subject to local property tax? F Yes F1 No What is the decal number? E -MAIL ADDRESS (optional) E DOES THE PROPERTY PRODUCE INCOME? 0 Yes Q No If yes, is the Income from: (650) 931 -3100 Lease /Rent ❑ Contract ❑ Mineral Rights ❑ Other (please erplaln): F. WHAT WAS THE CONDMON OF PROPERTY AT THE TIME OF SALE? F Good F Average [] Fair F Poor Please explain the physical condition of the property and provide any other information (such as restrictions, etc.) that would assist the Assessor in determining the value of the property: CERTIFIC OWNERSHIP TYPE (1l) Proprietorship Partnership X❑ I certify that the foregoing is true, correct and complete to the best of my knowledge and belief. Corporation FJ This dedaration is biniing on each and every co -owner and /or partner. Other 0 NAME OF NEW OWNER/CORP RATE OFFICER TTrLE JOlQ&TVAAt , 1 MOS Villa Serra Apartmen Calif rnia r ed partn rship BY° fromHlll ,Ina,a(x�lifotnigcorporotirm VICE PRSIC)F: SIGNATURE OF NEW OWI R/ ORP E Fl l s gew--m port rN r DATE 0 (DI Ilo 14AME OF ENTTTY (type r red FEDERAL EMPLOYER ID NUMBER Villa Serra Apartrn a California limited partnership ADDRESS (ry ped or pri ted) PHONE NUMBER (B a m - 5 p m) E -MAIL ADDRESS (optional) 1900 S, Norfolk S , ite 150 San Mateo, CA 94403 (650) 931 -3100 (Note: The Assessor may contact you for additional information) If a document evidencing a chanoe of ownershlo is presented to the recorder for recordation without the concurrent fitino of a oreliminary