CC Resolution No. 08-154 Easement, Tantau InvestmentsRESOLUTION N0.08-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORP/IWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, TANTAU INVES']~ MENTS, LLC, A CALIFORNIA LIMITED
LIABBILTY COMPANY, 10900 TANTAU AVENUE, APN 316-09-029
WHEREAS, there has been presented t~~ the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner, Tantau
Investments, LLC, a California Limited Liability Company, 10900 Tantau Avenue, 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 18th day of November 2008, by the following vote:
Vote Members of the C~ Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
1. ~,-
..
_.
j
City Clerk Mayor, City of Cupertino
~Stormwater Management Facility Easement ~
LINE TABLE
L1 N89'59'26"E 26.00'
L2 N00'00'34"W 2.00'
L3 N00"00'34"W 26.00'
L4 N89'S9'26"E 2'00'
L5 N33'59'02"W 34.tS0'
L6 S33'S7'54"W 34.00'
-_- " _____ FORGE DRIVE N89_24_05='~139.~
~POC -~8g' 7'24 V,~ 300.41 _ _ ~~
RECIPROCAL DRIVEWAY EASEAdEidT~ _
i •.2~
~ •.~~-
I ~c9~
~ '.,,~
' •. o
~,~ N
TPOD-ter L1 J
STORi~IWATER iW1ANAGEAAENT
FAGIUTtES EASEMENT
~
LEGEND Z
POC POINT OF ~ ~
COMMENCEMENT Q c.~
TPOB TRUE POINT OF ~
BEGINNING ~
(R) RADIAL BEARING ~F
t-
O
Z .
;
wl N89'S9'26"E 124.00'
L4-f zo
0
0
0
w
0
' ~~`
._~~
R=34.00' _•~1
L=ss.4s' .~ ~`
X112'03'04" z
0
0
0
0
w
v
L4-~ o
0
0
°a
w
rn
w
0
0
0
i
~ i
rn
w ~
~ ~
0
o i
z i
ink
~J
~i
co
r~~
i
i
I
i
Ii
I
i
o~~l
~~~i
~~~~
~-~~,
J ~ ~~l
APN~ 316-Og-02A
cr,+l S89'59'26"W 124.00'
Li
STORM WATER MANAGEMENT
FACILITIES EASEMENT-
---_181 83' _-,- __ 122.00=_ __ 138:09_ _
N89'24'05"E 442.92'(TOTAL) _ _ __ __
i
i
i
i
i
t
o~
coo ~
wi
~f
a~
ri
o~
z~
i
I
I
i
l
i
i
EXHIBIT "B" /area of Stormwater
PLAT TO ACCOMPANY DESCRIPTION FOR PVlana ement Facilities
A STORM~1'ATER MANAGEMENT FACILITIES g
EMENT OVER'A POR~'ION OF THE LANDS E=asement
DESCRIBED IN DOCUMENT N0. 19599096
.SANTA CLARA COUNTY RECORDS
CITY OF CUPERTINO, CAIdFORNIA
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
'~~I~I~IB~'N~nINVNiN~~~
Pages 11
Fees.... ~ No Fees
Taxes...
Copies..
AMT PAID
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
RDE # 001
11/24/2008
257 PM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE /N ACCORDANCE
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #316-09-029
Original
O For Fast Endorsement
10300 Torre Avenue Cupertino, CA 95014
~~NO F:EE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated,
May 15th, 2008 from
County Assessor's P~ircel #316-09-029
to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council
on November 18th, 2008 and the grantee consents to recordation thereof by its duly authorized
officer.
Dated: November 20, 2008
B y: ~~~..A.i~-Q,L..., ~,~,(,(,~~~
Julia ~ st
City Clerk's Office
10300 Torre Avenue Cupertino, CA 95014
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel # 316-09-029
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this 17 day of r'1Lly , 20 ~, by Tantau
Investments, LLC, a California limited liability company, (hereinafter referred to as
"GRANTOR") and the City of Cupertino ("CITY"l.
The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility Management
Easement, as described in Attachment `B' of this Agreement.
RECITALS:
This Agreement is made and entered into with reference to the following facts:
A. The GRANTOR is the owner of real property and improvements located within the City
of Cupertino, County of Santa Clara, State of California ("PROPERTY"), as described in Exhibit
"A" of this Agreement.
B. The developer of the property is required to install, operate, and maintain stormwater
management facilities within the PROPERTY. ThE: stormwater management facilities are shown
in the Stormwater Management Plan prepared byRuggeri-Jensen-Azar and dated
`-4 - 3D- 08 ,which plans and any amendmc;nts thereto, are on file with the Public Works
F~~- -1- 10/21 /03
Department of the City of Cupertino, California. '],he CITY has reviewed and approved the
Storm Water Management Plan subject to the execution of this agreement.
C. The GRANTOR, its successors and assigns, shall be responsible for maintenance of these
stormwater management facilities in accordance with the Storm Water Maintenance Agreement
for this facility and the CITY's Stormwater Pollution Prevention and Watershed Protection
Ordinance.
D. The CITY, its successors and assigns, shall at all reasonable times have a right to enter
said easement for the purpose of inspecting, monit~~ring, modifying, maintaining, and repairing
the stormwater management facilities at the PROPERTY, within the easement described in
Exhibit "B."
E. While this Agreement is in effect, the GRANTOR will not erect nor permit to be erected
any building or structure of any nature whatsoever, nor fill or excavate within said easement
without the CITY's written consent.
F. The GRANTOR will warrant specially said easement and shall execute such further
assurances thereof as maybe requisite.
G. In the event that the CITY shall determine a.t its sole discretion at any future time that the
Stormwater Management Facility is no longer required, then at the request of the GRANTOR, its
successors and/or assigns, the CITY shall execute a. release of this Agreement which the
GRANTOR, it successors and/or assigns, shall record with the COUNTY, at its/their expense.
NOW, THEREFORE, the parties hereto agree as follows:
1. Covenants Running With the Land• Property Subject to Agreement: All of the
real property described in Exhibit "~~" shall be subject to this Agreement. It is
intended and determined that the provisions of this Agreement shall run with the
land and shall be binding on all parties having or acquiring any right, title or
interest in the real property described in Exhibit "A" or any portion thereof and
shall be for the benefit of each owner of any of said parcels or any portion of said
property and shall inure to the benefit of and be binding upon each successor in
interest of the owners thereof. Each and all of the limitations, easements,
obligations, covenants, conditions, and restrictions contained herein shall be
deemed to be, and shall be construed. as equitable servitudes, enforceable by any
of the owners of any of the property subject to this Agreement against any other
Owner, tenant or occupant of the sari property, or any portion thereof.
2. Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY harmless
of and from any and all claims, liabilities, actions, causes of action, and damages
for personal injury and property damage, including without limitation reasonable
FINAL -2- 10/21 /03
attorneys' fees, arbitration fees or c~~sts and court costs, arising out of or related to
the use of the easement described iri Exhibit "B," except to the extent that such
claims, liabilities, actions, causes oil action, and damages arise out of or related to
the CITY's negligence and/or intentional conduct or the negligence or intentional
acts of any of the CITY'S employees, agents, representatives, contractors,
vendors, or consultants.
3. Attorneys' Fees: In the event that a:ny party institutes legal action or arbitration
against the other to interpret or enforce this Agreement, or to obtain damages for
any alleged breach hereof, the prevailing party in such action or arbitration shall
be entitled to reasonable attorneys' ~~r arbitrators' fees in addition to all other
recoverable costs, expenses and daniages.
4. Further Documents: The parties co~~enant and agree that they shall execute such
further documents and instructions pis shall be necessary to fully effectuate the
terms and provisions of this Agreement.
5. Entire Agreement: This Agreement constitutes the entire agreement of the parties
with respect to the subject matter contained herein and supersedes all prior
agreements, whether written or oral. There are no representations, agreements,
arrangements, or undertakings, oral or written that are not fully expressed herein.
6. Severability: In the event any part or provision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of
California, the remaining portions o f this Agreement that can be separated for the
invalid, unenforceable provisions shall, nevertheless, continue in full force and
effect.
7. No Waiver: The waiver of any covenant contained herein shall not be deemed to
be a continuing waiver of the same or any other covenant contained herein.
8. Amendment: This Agreement maybe amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Santa Clara
County, California. In the even any conflict arises between the provisions of any
such amendment and any of the provisions of any earlier document or documents,
the most recently duly executed and recorded amendment shall be controlling.
FINAL -3- 10/21/03
Executed the day and year first above written.
(GRAN OR)
e: .C~~y .2 w~OL(~2S?i~i
Title: ~'-1~~{,p~12
(Notary Acknowledgment to be attached)
CITY OF CUPERTINO
By:
Name:
Title:
FINAL -4- 10/21 /03
STATE OF CALIFORNIA )
SS
COUNTY OF SANTA CLARA 1
On ~`~ ' J ~ - D~ , 20U $ ,before me, ~ (~ ~~ ~ ; ~K e ~l ,
personally appeared ].~,,,~r U L _ ~,k.~1~r S~ ~ ~.. ,personally known to me or proved to_
me on the basis of satisfactory evidence to be the Berson whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
v
NOTARY PUBLI
JOMINE HICKEY
COMM. A1685267 ~
Mfr Comm. Exp. Juy 31,2010
[SEAL]
FINAL -5- 10/21 /03
EXHIBIT "A"
That certain land located in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page
15, Santa Clara County Records, and a portion of t]''~e Quito Rancho, also being a portion of the
7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded
October 19, 1967, Book 7898 Official Records, Pave 248, Santa Clara County Records, and
described as follows:
BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174
acre parcel; thence S. 00°12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence
S. 89°47'24" E., 300.41 feet to the Easterly line of ;paid 7.174 acre parcel; thence N. 0°12'36" E.,
along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N.
89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of
beginning.
Together with a portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B
of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a
portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park,
Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County
Records, and described as follows:
BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0° 12'36" W., 227.80 feet
from the Northwesterly corner of said 7.174 acre p,~rcel; thence S. 89°47'24" E., 300.41 feet to
the Easterly line of said 7.174 acre parcel; thence S . 0° 12'36" W., along said Easterly line, 425.21
feet to the Northerly tentinus of the center line of 1`leadow Avenue, as shown on the Map of Tract
No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05"
W., along the Northerly line of said Tract No. 186 i , 122 feet to the Northwesterly corner thereof;
thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said
Tract No. 1867, 181.83 feet to the Easterly line of'Cantau Avenue; thence along the Easterly line
of Tantau Avenue, Northerly along anon-tangent curve having a radius of 637.5 feet, concave
Westerly, whose radius bears, N. 83°52'46" W., through an angle of 5°54'38" an arc length of
65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning.
Also together with a portion of the Quito Rancho, ~-nd also being a portion of the 7.90 acre parcel
of land described in the Final Order of Condemnation, dated December 17, 1959, a certified copy
of which was recorded January 8, 1960, Book 4655- official Records, Page 613, Santa Clara
County Records, and described as follows:
BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel
Three in the Deed to Vallco Park, Ltd., recorded O~~tober 19, 1967, Book 7898 official Records,
Page 248, also being the Northwesterly corner of s~iid 7.90 acre parcel; thence S. 00°12'36" W.,
along the Easterly line of said 7.174 acre parcel anti Westerly line of said 7.90 acre parcel, 653.01
feet to the Northerly terminus of the center line of lvleadow Avenue, as shown on the Map of
Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence N.
89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0° 12'36" E.,
parallel with the Easterly line of said 7.174 acre parcel, 653.01 feet to the Northerly line of said
7.90 acre parcel; thence S. 89°24'05" W., along sari Northerly line, 139.09 feet to the point of
beginning.
This legal description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
`/~~,A1. tANO ~9
o ct+~~ ~ . Andre S. afer,-`PLS 8005 Date
a°C. No.eood .k Expires 12/31/2008
* ~p.12.3t-Od ~~'
~f ~'
\~~~OF CAL~~/
EXHIBI'C "A"
That certain land located in the City of Cupertino, (~ounty of Santa Clara, State of California,
described as follows:
PARCEL ONE
A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page
15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the
7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded
October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and
described as follows:
BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174
acre parcel; thence S. 00° 12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence
S. 89°47'24" E., 300.41 feet to the Easterly line of :;aid 7.174 acre parcel; thence N. 0°12'36" E.,
along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N.
89°47'24" W., along the Northerly line of said 7.174 acre pazcel, 300.41 feet to the point of
beginning.
PARCEL TWO
A portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page
15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the
7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded
October 19, 1967, Book 7898 Official Records, Pale 248, Santa Clara County Records, and
described as follows:
BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0°12'36" W., 227.80 feet
from the Northwesterly corner of said 7.174 acre p~ircel; thence S. 89°47'24" E., 300.41 feet to
the Easterly line of said 7.174 acre parcel; thence S. 0°12'36" W., along said Easterly line, 425.21
feet to the Northerly tentinus of the center line of N[eadow Avenue, as shown on the Map of Tract
No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05"
W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof;
thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said
Tract No. 1867, 181.83 feet to the Easterly line of Tantau Avenue; thence along the Easterly line
of Tantau Avenue, Northerly along anon-tangent curve having a radius of 637.5 feet, concave
Westerly, whose radius beazs, N. 83°52'46" W., through an angle of 5°54'38" an arc length of
65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning.
PARCEL THREE
A portion of the Quito Rancho, and also being a portion of the 7.90 acre parcel of land described
in the Final Order of Condemnation, dated December 17, 1959, a certified copy of which was
recorded January 8, 1960, Book 4659 official Records, Page 613, Santa Clara County Records,
and described as follows:
BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel
Three in the Deed to Vallco Park, Ltd., recorded O<;tober 19, 1967, Book 7898 official Records,
Page 248, also being the Northwesterly corner of s~iid 7.90 acre parcel; thence S. 00°12'36" W.,
along the Easterly line of said 7.174 acre parcel anti Westerly line of said 7.90 acre parcel, 653.01
feet to the Northerly terminus of the center line of lvleadow Avenue, as shown on the Map of
Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence N.
89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0°12'36" E.,
parallel with the Easterly line of said 7.174 acre parcel, 653.01 feet to the Northerly line of said
7.90 acre parcel; thence S. 89°24'05" W., along saki Northerly line, 139.09 feet to the point of
beginning.
This legal description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
~ ~ ~~s0,9` ~ f _.
~, ANOR~w S. E`~c r ' ~ ~S,U~,'
v~r c~'~ ~ -. Andre S. afear, PLS 3005 Date
~ ~'~O' eoo~ * Expires 12/31/2008
tjf E~P• t2-9t-OB `Q
~~~~ oQ~
\\ OF C AL~F/