10. Whole Foods Market
DRAFT
RESOLUTION NO. 06-195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A MAINTENANCE AGREEMENT WITH
PAUL E. WEISS AND BARBARA H. WEISS, AS TRUSTEES OF THE WEISS FAMILY
TRUST, DATED DECEMBER 13, 1982, MARK BENNETT WEISS, LINDA WEISS
LIPINSKI, AND RICHARD ALAN WEISS, 20955 STEVENS CREEK BOULEVARD #A
(WHOLE FOODS MARKET), APN 316-31-018 AND 316-31-020
WHEREAS, there has been presented to the City Council a proposed maintenance
agreement between the City of Cupertino and owner, Paul E. Weiss and Barbara H. Weiss, as
Trustees of the Weiss Family Trust, dated December 13, 1982, Mark Bennett Weiss, Linda
Weiss Lipinski, and Richard Alan Weiss, 20955 Stevens Creek Boulevard #A (Whole Foods
Market), and said agreement having been approved by the City Attorney;
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 6th day of December 2006, by the following vote:
V ote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
! 0 ~-{
RESOLUTION NO. 06-196
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMW A TER MANAGEMENT FACILITIES
OPERATION AND MAINTENANCE AGREEMENT WITH PAUL E. WEISS AND
BARBARA H. WEISS, AS TRUSTEES OF THE WEISS FAMILY TRUST, DATED
DECEMBER 13, 1982, MARK BENNETT WEISS, LINDA WEISS LIPINSKI, AND
RICHARD ALAN WEISS, 20955 STEVENS CREEK BOULEVARD #A
(WHOLE FOODS MARKET), APN 316-31-018 AND 316-31-020
WHEREAS, there has been presented to the City Council a proposed stormwater
management facilities operation and maintenance agreement between the City of Cupertino and
owner, Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust, dated
December 13, 1982, Mark Bennett Weiss, Linda Weiss Lipinski, and Richard Alan Weiss, 20955
Stevens Creek Boulevard #A (Whole Foods Market), and said agreement having been approved
by the City Attorney;
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 6th day of December 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
{Dk.-I
DRAFT
RESOLUTION NO. 06-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMW A TER MANAGEMENT FACILITY
EASEMENT AGREEMENT WITH PAUL E. WEISS AND BARBARA H. WEISS, AS
TRUSTEES OF THE WEISS FAMILY TRUST, DArED DECEMBER 13, 1982,
MARK BENNETT WEISS, LINDA WEISS LIPINSKI, AND RICHARD ALAN WEISS,
20955 STEVENS CREEK BOULEVARD #A (WHOLE FOODS MARKET),
APN 316-31-018 AND 316-31-020
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner, Paul E.
Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust, dated December 13, 1982,
Mark Bennett Weiss, Linda Weiss Lipinski, and Richard Alan Weiss, 20955 Stevens Creek
Boulevard #A (Whole Foods Market), and said agreement having been approved by the City
Attorney;
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 6th day of December 2006, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
! 0 L -I
RESOLUTION NO. 06-198
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMENT FOR ROADWAY PURPOSES
FROM PAUL E. WEISS AND BARBARA H. WEISS, AS TRUSTEES OF
THE WEISS FAMILY TRUST, DATED DECEMBER 13, 1982, LINDA WEISS
LIPINSKI, RICHARD ALAN WEISS, AND MARK BENNETT WEISS,
20955 STEVENS CREEK BOULEVARD # A, (WHOLE FOODS MARKET),
APN 326-31-018 & 326-31-020
WHEREAS, Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss
Family Trust, Linda Weiss Lipinski, Richard Alan Weiss, and Mark Bennett Weiss have
executed a Grant of Easement for Roadway Purposes, which is in good and sufficient
form, granting the City of Cupertino, County of Santa Clara, State of California,
casement over certain property for roadway purposes, situate at 20955 Stevens Creek
Boulevard #A (APNs 326-31-018 & 326-31-020) along Stevens Creek Boulevard and
Stelling Road in the City of Cupertino, more particularly described in Exhibit "A" and
Exhibit "B", attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of December 2006, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
Attachments: EXHIBIT A & EXHIBIT B
/ b d.-I
GRANT OF EASEMENT
FOR ROADWAY PURPOSES
APN 326-31-018, 326-31-020
20955 Stevens Creek Boulevard #A
Paul E. Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust dated
December 13, 1982, as amended, Linda Weiss Lipinski, Richard Alan Weiss and Mark
Bennett Weiss grant to the CITY OF CUPERTINO for public roadway purposes, together with
the right to construct, repair, operate, and maintain any and all public utilities and improvements
which shall be or become necessary for preservation of the public safety, welfare or convenience,
the hereinafter described property which is situated in the City of Cupertino, County of Santa
Clara, State of California, and as described as follows:
(See Exhibit "A" & "B")
IN WI1NESS WHEREOF, executed thisJ '1 day ofAb.~J.2006.
Owners:
tfiLIl~ fi<fj~c
PAUL. ISS
~334rEE
LINDA WEISS LIPINSKI
'11-~^ ).w
Rit~ ALAN WEISS
~~ G~IlVlvJtt'Lu~
MARK BENNETT WEISS
(Notary acknowledgment to be attached)
/b ~'-.z
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
~,Ri<':0('R.<'~kX'~~~~~~~~RX>,(f';(7RX>~~~~~,C<r~~~kX'kX'kX'kX'kX'n
State of California 1
County of j ""./Vr( ~ c.. 1-~ "--A-. ss.
~ \0 H ERT L HAMERSLOUGH ,
On1'!:.~-V. 'i,"i'~ I before me,- t'~f\f\'(P.J~~lc;
Date 1"rtV,i ~~ and "Title of Officer (e.g., "Jane Doe, Notary PU.bIiC') ___ _ ::-
personally appeared (J a-..)- I--. ~-... 'tV f I 5' :, , ~'7 "'" t\.1'b i"i It)' -it \v....---l ~ ~ fit \f ~~ .....
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o personally known to me .
HERBERT L. HAMERSLOUGH
Commission # 1462036 ;
Notary Public - California ~
Santa Clara County
My Comm. expires Feb 9,2008
~oved to me on the basis of satisfactory evidence
to be the person(s) whose name(s~/are subscribed
to the within instrument and acknowiadged to me that
~h~ executed the same in h~/their
authorized capacity(ies), and that by' r/their
signature(s) on the instrument the person (s), r the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESy my. hh,aanndd, OJ and officia.1 seal.
t~~~
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.
Place Notary Seal Above
Description of Attached Document /'
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rDJ~ 3
November 6, 2006
Project No. A05235
Page 1 of6
EXHIBIT "A"
LEGAL DESCRIPTION
STREET DEDICATION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California and being a portion of Parcel One as described in that certain Grant Deed
recorded on August 17, 1999, as Document No. 14943392, Santa Clara County Records
described as follows:
AREA "A"
Beginning at the southeasterly corner of said Parcel One, said point also being on the
northerly line of Stevens Creek Boulevard, thence leaving said line South 00001 '50"
East, 15.00 feet along the easterly line of the First Exception to Parcel One as described
in said Grant Deed and the True Point of Beginning.
Thence leaving easterly from said line and continuing along the southerly line of said
Exception to Parcel One, South 89050'30" West, 475.64 feet to a point on a westerly line
of said Parcel One;
Thence leaving the southerly line South, 30.00 feet;
Thence North 89050'30" East, 475.64 feet along a line parallel with and distant 15.00 feet
northerly, measured at right angles from the centerline of Stevens Creek Boulevard to the
easterly line of said Parcel One;
Thence leaving said parallel line North 00001 '50" West, 30.00 feet.
AREA "B"
Beginning at the southeasterly corner of said Parcel One, said point also being on the
northerly line of Stevens Creek Boulevard, thence along said line South 89054'06" West,
475.79 feet to the southwesterly corner of said Parcel One;
Thence along a westerly line of said parcel, North 00003 '36" West, 5.00 feet;
Thence leaving said line and continuing the following three (3) courses and distances:
1. North 89018'19" East, 130.07 feet.
2. South 89001 '43" East, 282.52 feet.
3. South 89007'09" East, 63.24 feet to the True Point of Beginning.
I:\PROJECTS\A05235\DOCS\LEGALS\STREET DEDIC ATION.doc
{ O(l- Y
November 6, 2006
Project No. A05235
Page 2 of6
AREA "e"
Beginning at the northwesterly comer of said Parcel One, said point also being on the
easterly line of Stelling Road, thence along the nOrtherly line of that certain 25.00 foot
Second Exception to Parcel One, South 89059'22" West, 25.00 feet to a point on the
westerly line of said Second Exception and the True Point of Beginning;
Thence South 89059'22" West, 12.00 feet;
Thence South, 114.48 feet along a line parallel with and distant 8.00 feet easterly,
measured at right angles from the centerline of Stelling Road;
Thence leaving said parallel line, North 89059'22" East, 12.00 feet to a point on the
westerly line of said 25.00 foot exception to Parcel One;
Thence along said westerly line, North 114.48 feet to the True Point of Beginning.
AREA "D"
Beginning at the southwesterly comer of said described land, said point also being on the
westerly line of Stelling Road, thence along the southerly line of that certain 25.00 foot
Third Exception to Parcel One, South 89054'06" West, 25.00 feet to the True Point of
Beginning;
Thence South 89054'06" West, 12.00 feet;
Thence North, 59.32 feet along a line parallel with and distant 8.00 feet easterly,
measured at right angles from the centerline of Stelling Road;
Thence leaving said paralIel1ine, North 89059'22" East, 12.00 feet to a point on the
westerly line of said 25.00 foot Exception to Parcel One;
Thence along said westerly line South, 59.32 feet to the True Point of Beginning.
Description prepared by Kier & Wright Civil Engineers and Surveyors, Inc.
/1- 6-0b
Date
-JiF 1{, U i#;
]i y R. Vigil ~.S. 6256
I:\PROJECTS\A05235\DOCS\LEGALS\STREET DEDIC A TION.doc
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AREA "B"
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SAND HILL PROPERTIES
DA TE NOV., 2006
SCALE 1"=50'
KEY MAP
CALIFORNIA DR. BY CCB
'K I ER & WR I GHT JOB A05235
W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408)727~65
Santa Clara, California 95054 FAX (408)727-5641 3 OF 6
CUPERTINO
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SAND HILL PROPERTIES
DATE NOV., 2006
SCALE '''=80'
STREET DEDICATION
AREA "An
CALIFORNIA DR. BY CCB
'K I ER & WR I GHT JOB A05235
W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (40B) 72H665
Santa Claro, California 95054 FAX (408)727-5641 4 OF 6
I: \PROJECTS\A05235\DWG\SURVEY\C-DEDCTN.dwg NOVEMBER 06, 2006 ,,: 14 AM U
I~() '-1
CUPERTINO
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TO BE DEDICATED HEREON
N 89018'19" E 1 ,822:t SQFT
(5 89014'43" W) 5 89001'43" E
130.07' (5 89.05'19" E) 282.52'
S 89054'06" W (5 89";50'3<>-' W> 475. 7'9' (475~64')
CENTERLINE ~: ~ ~i~~ EXCEPTION TO
PARCEL ONE
L4
LINE TABLE:
STEVENS CREEK BLVD
LINE BEARING DISTANCE
L3 N 00003'36" W 5.00'
(NORTH) 5.00'
L4 S 89007'09" E 63.24'
(5 89010'45" E)
LEGEND
RECORD INFORMATION PER
DOC. NO. 14943392
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SAND HILL PROPERTIES
DATE
SCALE
NOV., 2006
1"=80'
CALIFORNIA DR. BY CCB
'K I ER & WR I GHT JOB A05235
W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott BouI evord, Building 22 (408)727-6665
Santo Claro. Coli fornla 95054 fAX (408) 727-5641 5 OF 6
I: \PROJECTS\A05235\DWG\SURVEY\C~DEDCTN.dwg NOVEMBER 06. 2006 11: 15 AM
I D d.- r
STREET DEDICATION
AREA "B"
USER: cbeach
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LINE TABLE:
SECOND EXCEPTION
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LINE BEARING DISTANCE
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DATE
SCALE
NOV., 2006
1n=50'
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SAND HILL PROPERTIES
. STREET OEOICA TION
AREA "c" & "0"
CALIFORNIA DR. BY CCB
'K IER & WRI GHT JOB A05235
W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard, Building 22 (408)727~665
Santo Clara, Colifornia 95054 FAX (408)727-5641 6 OF 6
I: \PROJECTS\A05235\DWG\SURVEY\C-DEDCTN.dwg NOVEMBER 06, 2006 11: 15 AM
CUPERTINO
USER: cbeach
/~d.-r
RESOLUTION NO. 06-199
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT
WITH SHP CUPERTINO, LLC, 20955 STEVENS CREEK BOULEVARD #A
(WHOLE FOODS MARKET), APN 316-31-018 AND 316-31-020
WHEREAS, there has been presented to the City Council a proposed improvement
agreement between the City of Cupertino and developer, SHP Cupertino, LLC, 20955 Stevens
Creek Boulevard #A (Whole Foods Market), and said agreement having been approved by the
City Attorney, and developers having paid the fees as outlined 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 6th day of December 2006, by the following vote:
Vote Members of the Citv Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clcrk
Mayor, City of Cupertino
/D e.-.f
Resolution No. 06-199
Page 2
EXHIBIT "A"
SCHEDULE OF BOND, FEES, AND DEPOSITS
DEVELOPMENT: SHP Cupertino, LLC
LOCATION: 20955 Stevens Creek Boulevard #A (Whole Foods Market)
APN 316-31-018 and 316-31-020
A. Faithful Performance Bond $ 372,556.00
B. Labor and Material Bond $ 372,556.00
C. Checking and Inspection Fee $ 21,353.36.64
D. Development Maintenance Deposit $ 2,000.00
E. Storm Drainage Fee: Basin 2 $ 8,954.00
F. Street Light - One-Year Power Cost N/A
G. Map Checking Fee N/A
H. Park Fee: Zone II N/A
I. Reimbursement Fee N/A
IOe.-.2.