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CC Resolution No. 4358 • RESOLUTION N0. 4358 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ` AUTHORIZING EXECUTION OF PARTIAL RELEASE OF AGREEMENT OF THAT CERTAIN AGREEMENT BETWEEN THE CITY AND PAUL MARIANI AND LORENA MARIANI WHEREAS, the City of Cupertino and Paul Mariani and Lorena Mariani did enter into a certain agreement executed January 12, 1976, entitled "Agreement to Purchase Engineering Plans and Specifications Including Covenant Running with Land"; and WHEREAS, because of the street improvements to be installed in conjunction with the North De Anza Boulevard Assessment District, Project 76-14, properties on the east side of North De Anza Boulevard originally owned by Paul Mariani and Lorena Mariani now fulfill the requirements of that certain agreement executed January 12, 1976; and WHEREAS, it is no longer necessary to retain liens on certain of the parcels of land :named in the aforementioned agreement; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the Mayor and the City Clerk to execute a"Partial Release of Agreement" releasing the.properties listed in said agreement from the liens of that certain agreement dated January 12, 1976, and have said agree- ment recorded. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 18th day of January , 1977, by the following vote: Vote Members of the City Council AYES: Frolich, Jackson, Nellis, 0'Keefe, Meyers NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Robert W. Meyers Mayor, City of Cupertino ATTEST: /s/ Wm. E. Ryder City Clerk , Attachment ! ' Res. No. 4358 . ~ ' PARTIAL RELEASE OF AGREEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the un dersigned hereby releases the hereinafter described property from the lien of that certain Agreement dated January 12, 1976 by and between the City of Cupertino, a municipal corporation, and Paul Mariani, et al, recorded February 4, 1976 in Book B 854 of Official Records, page 126. The property so released is described as follows: ALL OF PARCELS A, B, C and D, as shown up.on that certain Parcel Map filed for record in the office of the Recorder of the County of Santa Clara, State of California, on December 2, 1976 in Book 384 of Maps, at pages 27 and 28. The remaining property described in said Agreement released hereby, shall continue to be encumbered by the terms of said Agreement. " DATED: CITY OF CUPERTINO BY Mayor, City of Cupertino ATTEST: . ~ City Clerk . APPROVED AS TO FORM: ~ City Attorney