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CC Resolution No. 10-188 Hold Harmless Agreement, 10161 Phar Lap Drive, APN 326-39-056 RESOLUTION NO. 10 -188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A HOLD HARMLESS AGREEMENT BETWEEN THE CITY AND OWNERS, JOETTA A. MAIER AND DANIEL S. MAIER, 10161 PHAR LAP DRIVE, APN 326 -39 -056 WHEREAS, Joetta A. Maier and Daniel S. Maier, have executed a "Hold Harmless Agreement ", which is in good and sufficient form, shall hereby hold harmless, defend and indemnify the City of Cupertino, and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense costs of every nature arising out of or in connection with the owners' use of that portion of public right of way that is located at that certain real property situate in the City of Cupertino, and more specifically described as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, as shown in the attached Exhibit "A ". NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of October, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: AWAIT A City Clerk � City of Cuperti • • HOLD HARMLESS AGREEMENT APN 326 -39 -056 10161 Phar Lap Drive, Cupertino, CA 95014 Joetta A. Maier and Daniel S. Maier, Wife and Husband, as Community Property with Right of Survivorship, hereinafter referred to as the "OWNER ", this ° ''/ day of 507 , 2010, shall hereby hold harmless, defend and indemnify the City of Cupertino, a Municipal Corporation, hereinafter referred to as the "CITY ", and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the OWNER'S use of that portion of public right of way that is located between the back of sidewalk adjacent the westerly portion of the property and the westerly property line of the OWNER'S certain real property situate in the County of Santa Clara, State of California, and specifically described as follows: SEE ATTACHED EXHIBIT "A" This Hold Harmless Agreement is made for the benefit lot within the above described legal description and shall bind the owner of said lot within said legal description. OWNER and CITY hereby agree this Hold Harmless Agreement runs with the land and is binding on all subsequent occupants including but not limited to purchasers, heirs, successors, lessees and assignees and that this Hold Harmless Agreement will be recorded. The parties further agree that nothing contained herein shall effect the status of this property as right -of -way owned by the CITY. IN WITNESS WHEREOF, GRANTOR has executed this instrument the day and year first above written. OWNERS: / Joetta A. Maier at Daniel S. Maier (Acknowledgment and Notarial Seal Attached) EXHIBIT "A" LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of Santa Clara, City of Cupertino, described as follows: LOT 39, as shown upon that certain Map entitled, "TRACT NO. 3442 OAKDELL RANCH," which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on August 22, 1963 in Book 165 of Maps at Pages 30 and 31. EXCEPTING THEREFROM the underground water or rights thereto, with no rights of surface entry, as granted by Duc & Elliot Builders, a partnership, to the City of Cupertino, a municipal corporation, by instrument dated August 22, 1963 and recorded September 10, 1963 in Book 6183 of Official Records, Page 407. APN /ARB: 326 -39 -056 End of Legal Description • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT 9a. . � Y_. aA ?l 4!na. ;•...ss,,,.t 4c,:.�7 Tst! :trueAs.ti +atou.zY +3r_ w.st State of California / County of J �^- V'- 6. -a..,. /i rc I t On 1 405 hp before me, /�- AIJ fT Tht )'i(,may Ate( -49e Date Here Insert Name and Title of th Officer personally appeared 'j1D C f r/V. - • A4 4 / E7L Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person4 Whose names) is /ar-e-subscribed to the within instrument and acknowledged to me that jaethe/therexecuted the same in.- /her /thei"r authorized capacity(ies) -and that by .bis /her /th ignature4-on the instrument the person(s)''or the entity upon behalf of 4 ARCELIA ANIT ESTOESTA which the person(. acted, executed the instrument. + .. Commission # 1674205 � ' s Notary Public - California = z N % ► ° I certify under PENALTY OF PERJURY under the laws , , Santa Clara County jurw. - �` - - HM Comm, - ._E Jun10,2010 C of the State of California that the foregoing paragraph is true .and correct. WITNESS y hand and official seal. iit/C CIA.4,0- ) Signature Place Notary Seal Above Signature of Notary Public OPTIONAL 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: 4. / - 4 - (, v" )4•M Or-t-4., )^' Document Date: (D i '3 /(C) Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual 1] Individual ❑ Corporate Officer — Title(s): Cl Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General RIGHT THUMBPRINT [1 Partner — El Limited ❑ General RIGHT THUMBPRINT ❑ Attorney in Fact OF SIGNER ❑ Attorney in Fact OF SIGNER ❑ Trustee To of thumb here Top of thumb here ❑ Trustee ❑ Guardian or Conservator C1 Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: `a'4 -.e„ -sw -ar w.- e7 'excert-.e,...ay a . e i a•{`a• '474 -e' e" wawa, : ca : ew 4 . ar.7.a , 4 . a b'.v - e 4 r. - e S'er .ezgcm , v e u' exS-Lve a qseff ... a' , ,,,er ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91:: 13 -2402 • www.NationalNotary.org Item 85907 Reorder: Call Toll -Free 1- 800 -876 -6827 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of �(,- On q l �' l before me, W,1 /A /�1�r'IT ESID ES TA- IJ OTAri2Y P L l �C� (Here insert name and title of the officer) r� personally appeared k (, J • M 1 E who proved to me on the basis of satisfactory evidence to be the personEs -whose names) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/l /their authorized capacity(iesy, and that by his/heritheir signature(s)-on the instrument the persons r or the entity upon behalf of which the persou{sj 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. AMCEUA Alit ` 1, WITNESS my hand and official seal. '", AM 01889247 n � *' Notary Public • Catlfomm a •� sans E. * E Jun. i Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appaars above in the notary section or a separate acknowledgment form must be i � ` properly completed and attached to that document. The only exception is if a `) V 1 NA/1/v\-41 document is to be recorded outside of California. In such instances, any alternative (Title or d iption of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in r- California (t.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document contiq�e) document carefully for proper notarial wording and attach this form if required. ('[) � 7/ /' . • State and County information must be the State and County where the document Number of Pages Document Date 1 / (il signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPAC CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. Individual (s) hi/she /hey is /ere) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Irnpression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • S gnature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com