Loading...
CC Resolution No. 08-155 Stormwater Easement, TantauRESOLUTION N0.08-155 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT, TANTAU INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10900 "CANTAU AVENUE, APN 316-09-029 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, 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 18t" 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: `~ r/ ~,-- -~.. ~. ._ ,_. __~ City Clerk Mayor, City of Cupertino Stormwater Management Facilities Operation and Maintenance (POC ~ .____. _~ 9' 7'24"~(~~(• 1FOROE DRIVE 89'~•4b5" ~~9.09' _ I~-RE ROCA RIVE YEA EN7 ~ r •.2 ~ ___._ 1 . r r . `'so_ r r .o ` ~ TORM TERM AGEME . ~ ~ ~ ' FA ITIES SEMI=N i LEGEND ~ a' .~ , POC POINT OF ~ ~ • ~' N , COMMENCEMENT TPOB TRUE POINT OF ~ r r r N8 9'26° 124.OQ-' r BEGINNING h ~ Z {R) RADIAL BEARING ~~ r ° © z , r o , r F- ~ ~ o z .~ I °° , ~ `s~ ' ~ • J I =34.0 ' ~ ~ L=66. 1 ' M l~112' '04" '<V . I o Q 1 C7 ~ 2 1 iAl ~'~ ~ OO ~ I M t0 ~ r71 ~ i L o / w I r , L1 , r N r 1 ~• ~ co - tn,~-~/ ~~~~ ~~~~ . rr •~ ~, 181 3' -~ --N89'24'C5"E 442.92'(TOTAL) /~ yr A EXHIBIT "B" :Stormwater Management PLAT TO ACCOMPANY .DESCRIPTION FOR Facilities O eration and A STORM~PATER MANAGEMENT FACILITIES p ASEMENT OVER'A PORTION OF THE LANDS MMalntenance Area DESCRIBED IN DOCUMENT N0. 19599096 SANTA~CLARA COUNTY RECORDS C11'Y OF CUPI~RTITTO, CALIFO12NL1 J !' .. .. 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~IWIWI'~i~INiWI~~~II'~~~ Pages 12 Fees.... No Fees Taxes... Copies.. AMT PAID REGINA ALCOMENDRAS SAN1~A CLARA COUNTY RECORDER Recorded at the request of City RDE # 006 12/29/2008 239 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT COUNTY ASSESSOR'S ]PARCEL #316-09-029 Original O For Fast Endorsement ~~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 Parcel #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 Iyl 1 ~ \,y'~'~ '~ r ~ V "~1~/ ~,il~ J" By. ~ ~ ~,,. ~~~s0".~ Julia Kinst 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 FACILITIES OPERATION AND MAINTENANCE AGREEMENT County Assessor's Parcel # 316-09-029 THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("AGREEMENT") is made and e~itered into this Is~day of Mq-( , 200, by Tantau Investments, LLC, a California limited liability company, (hereinafter referred to as "COVENANTOR") and the City of Cupertino ("C'ITY"). RECITALS: This AGREEMENT is made and entered into with reference to the following facts: A. The CITY is authorized and required to regrulate and control the disposition of storm and surface waters as set forth in the CITY's Stormwater Pollution Prevention and Watercourse Protection Ordinance, effective October 15, 2003 ~~the "ORDINANCE"). B. The COVENANTOR is the owner of a certain tract or parcel of land more particularly described in Exhibit "A" attached hereto (the "PROPERTY"). C. The COVENANTOR desires to construct certain improvements on the PROPERTY that may alter existing stormwater conditions on both the PROPERTY and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the COVENANTO:E~ is required by the CITY to build and maintain, at COVENANTOR's expense, stormwal:er management facilities ("FACILITIES"), more particularly described and shown in the Stonnwater Management Plan prepared by FINAL -1- 11 /25/03 Ruggeri-Jensen-Azar and dated `~' 3~ - a t3 ,which plans and any amendments thereto, are on file with the Public Works Department of the (~ity of Cupertino, California, and are hereby incorporated by reference. E. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this AGREEMENT. NOW, THEREFORE, in consideration of the benefit received and to be received by the COVENANTOR, its successors and assigns, as a result of the CITY'S approval of the Stormwater Management Plan, the COVENANTOR, hereby covenants and agrees with the CITY as follows: Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit "A" 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" ("PROPERTY") or any portion thereof and shall be for the benefit of each owner of any of said p~ircels 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, e~isements, 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 Ow~ier, tenant or occupant of the said property, or any portion thereof. 2. Responsibility for Installation, Operation ,end Maintenance: At their sole expense, the COVENANTOR, its successors and assigns, shall construct, operate and perpetually maintain the FACILITIES in strict accordance with the Stormwater Managemet Plan and any amendments thereto that have been aIproved by the CITY or the ORDINANCE. 3. Facility Modifications: At their sole expense, the COVENANTOR, its successors and assigns, shall make such changes or modi~ ications to the FACILITIES as maybe determined as reasonably necessary by the CITY to ensure that the FACILITIES are properly maintained and continue to oper~ite as originally designed and approved. Any changes or modifications may be made only with prior written authorization by the CITY. 4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as provided in the ORDINANCE and the Stormwater Facilities Easement Agreement applicable to the FACILITIES, the CITY ,its agents, employees and contractors, shall have the right of ingress and egress to the FACILITIES and the right to inspect the FACILITIES in order to ensure that the FACILITIES are being properly maintained, are continuing to perform in an adequate manner and are in compliance with the FINAL -2- 11/25/03 ORDINANCE, the Stormwater Management Plan and any amendments thereto approved by the City. 5. Failure to Perform Required Facility Repairs or Modifications: Should either the COVENANTOR or its successors and assigns fail to correct any defects in the FACILITIES in accordance with the approved design standards and/or the Stormwater Management Plan and in accordance with the law and applicable regulations of the ORDINANCE within the time specified in. a written notice from the CITY, the CITY shall have the right, under the Stormwater Management Easement Agreement for the subject property, to enter the PROPERTY- to perform remedial work, for which the CITY will collect reimbursement for such work from COVENANTOR. In addition, the CITY may pursue other such remedies as provided bylaw, including, but not limited to, such civil and criminal remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the ORDINANCE. 6. Indemnity: The COVENANTOR, its successors and assigns, 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 attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the COVENANTORS, its successors' and/or assigns' construction, operation or maintenance of the FACILITIES except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or related to the CITY's negligence and/or intentional conduct or tl ~e negligence or intentional acts of any of the CITY'S employees, agents, representative:, contractors, vendors, or consultants. 7. Obligations and Responsibilities of COVENANTOR: Initially, the COVENANTOR is solely responsible for the performance of t:he obligations required hereunder and, to the extent permitted under applicable law, the payment of any and all fees, fines, and penalties associated with such performance; or failure to perform under this AGREEMENT. Notwithstanding any pro~~isions of this AGREEMENT to the contrary, upon the recordation of a deed or other ins~:rument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party (the "Transferee"), the COVENANTOR shall l,~e released of all of its obligations and responsibilities under this AGREEMENT ~iccruing after the date of such Transfer to the extent such obligations and responsibilitie~~ are applicable to that portion of the PROPERTY included in such Transfer, but such release shall be expressly conditioned upon the Transferee assuming such obligations and responsibilities by recorded written agreement for the benefit of the CITY. Su~~h written agreement may be included in the Transfer deed or instrument, provided that the Transferee joins in the execution of such deed or instrument. A certified copy of such deed, instrument or agreement shall be provided to the CITY. The provisions of the preceding three sentences shall be applicable to the original COVENANTOR and any successor Transferee who has assumed the obligations and responsibilities of the COVENANTOR under this AGREEMENT as provided above. FINAL -3- 11/25/03 Property Transfer: Nothing herein shall b~~ construed to prohibit a transfer by the COVENANTOR to subsequent owners and assigns. 9. Attorneys' Fees: In the event that any parry institutes legal action or arbitration against the other to interpret or enforce this AGR>:;EMENT, or to obtain damages for any alleged breach hereof, the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees iii addition to all other recoverable costs, expenses and damages. 10. Further Documents: The parties covenant and agree that they shall execute such fizrther documents and instructions as shall be necessary to fully effectuate the terms and provisions of this AGREEMENT. 11. Entire Agreement: This AGREEMENT a~nstitutes 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 fiilly expresses herein. 12. 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 of this AGREEMENT that can be separated for the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 13. 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. 14. Amendment: This AGREEMENT may bc; 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 a~ly earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. 15. In the event that the CITY shall determine at its sole discretion at any future time that the FACILITIES are no longer required, then at the written request of the COVENANTOR, its successors and/or assigns, the city shall execute a release of this AGREEMENT which the COVENANTOR, it successors and/or assigns, shall record in the Clerk's Office, at its/their expense. FINAL -4- 11/25/03 Executed the day and year first above written. (COVE ANTOR) e: L04/~ ~. WAtG~ rt1'S'E I Title: Isf I; y(~t*_(.~ (Notary acknowledgment to be attached) CITY OF CUPERTINO C'' . By: c..~ ~ z , g.~~ Name: ~v~ o w K.v ~ ~ n Title:_~~ ,o,~ G~ ~G~~r., ~~ 3~ Ua C tiu~t 5 T: ~ eRT,~N° ,~ ~N~ crrr ~.rt ~ .~ ~ Y FINAL -5- 11 /25/03 ACKNOWLF:DGMENT State of California ) ) ss. County of Santa Clara ) On ~au ~ S ~ ~~pg before me, ) , a notary public in and forTte of California, personally appeared LARRY I. W LERSTEIN, who proved to me on the basis of satisfactoryevidence to be the person whose name is subscribed to the within instrument and ackno~~ledged 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. I certify under PENALTY OF PERJLJp:Y under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JpMNrE HICKEY ~, Cow. ~~ze~ ~ . cx~-w-~ '~ ~ ~ ~,~„n,,~.,wyst,~o~o NO YP LIC CALIFORNIA ALL-PURPOSE ACKNO1iNLEDGMENT State of California County of ~ ~ ~L ~Q~(~ On ~ C ~ before me, ~~ ~ ~~ ` .r'~f ` r Da e `~ ~ _+ ' l Here Insert Na and Title of the Offic r ' personally appeared ~t,~l C~ W . ~I/k~(v~ f Name(s) of Signer(s) e who proved to me on the basis of satisfactory evidence to be the person(, whose name(s) is/act subscribed to the within instrument and acknowledged to me that he/st;r~/th~t executed the same in hid/her/tl~ir authorized GRACE g~~pT capa~~ity(i~), and that by his/her/tl}~ir signature(~f on the - CoauNpion / 17Y0127 instrument the person(s~ or the entity upon behalf of ~~',~- which the person() acted, executed the instrument. ~ Comm ~~ F' ZOtt I certify under PENALTY OF PERJURY under the laws of thE~ State of California that the foregoing paragraph is true ~~nd correct. WIT~IESS my hand and official seal. Signature ~~) Z~~ Place Notary Seal Above Signature of Notary Public OPT/ONA~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: ~I bYh.,,(,~~.C,' ~ ~~-~ ~ ~ ~("~pL ~~~b~-, 'f- ~.y~ , C~q4,~~ q l Document Date: ~ Number of Pages: Signer(s) Other Than Named Above: ,~~J --t..lyl Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ^ Individual C Individual ^ Corporate Officer -Title(s): ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General _ ^ Partner - ^ Limited ^ General _ ^ Attorney in Fact • ~' ^ Attorney in Fact ~ • ^ Trustee Top of thumb here Top of thumb here ^ Trustee ^ Guardian or Conservator ^ Guardian or Conservator ^ Other: ^ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O.l3ox 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" That certain land located in the City of Cupertino, County 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 ~:he 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, P~-ge 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenrre 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 said 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. 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, Paige 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avemre distant thereon S 0°12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre Marcel; 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 ]Meadow 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 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. 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 October 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of said 7.90 acre parcel; thence S. 00°12'36" W., along the Easterly line of said 7.174 acre parcel and Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow 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 p~u~cel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'05" W., along said Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or cinder my direction pursuant to the requirements of the Professional Land Survey~~r's Act. ~0~~ IANp S~9 _ ~~, / ~v~ AHpREW S. `c<`~- / (.~~ /~ S/i:s" p~, O CHAFER O ~ And w S. h.afe~~ PLS 8005 Dat ~ ~'~d• ~' * Expires 12/31 /2008 *~ ExP• 12-31-08 Q=~Q ' ~~F OF C A~-~~~~ FINE T4ABLE L1 N89'S9'26"E 26.00' L2 N00'00'34"W 2.00' L3 N00°00'34"W 26.00' L4 N89'59'26"E 2.00' L5 N33°59'02"W 34.00' L6 S33'57'54"W 34.00' FORGE DRIVE POC _ ___ N89°47';?4"W 300.41 -„ N89_24'05"E 139.09' ' ~. ~ RECIPROCAL DRIVEWAY EASEMENT I I LEGEND z ~~ POC POINT OF ~ NI COMMENCEMENT Q NI TPOB TRUE POINT OF Q i BEGINNING ~ 2 "~. ~~`.SO. .~~: ~~.~ ~~ ~ ~~ ~o ~,~" N TPOB~. L1 STORM WATER MANAGEMENT FACILITIES EASEMENT W ~ N8~)'59'26"E 124.00' I L4-I z (R) RADIAL BEARING (~ ° I ° 1 0 = 1 0 H w Q ~ O z ~ 11 ~ ~ i I I I o ° C° 1 ~~`sr,A ~ APN~ 316-09-029 0 ~ ~ I ~ R=34.00' .~`~1 m wl !~ I L=66.49' ~ ~~ c~ ~ ° i `~ A=112°03'04" z o cv 1 I N o ° o o~ ° 1 ° ~ ° Z Z I I ~ I ' ~ ~ I f MI v I ( i L4 o I I r ~^' S89'59'26"W 124.00' 1 1 L1 I ~ r N / 1 1 1 o- ao cD ~~r~ I ~~~I I~J~~ ~~ a. STORM WATER MANAGEMENT FACILITIES EASEMENT- ___ 181_83' ._ N 89'24'05"E _ _ _ 122.00_ - - _ _ 139.09_ _ 442.92' TOTAL EA O ( ) ~AV NUE EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION FOR j - 1 A STORMWATER MANAGEMENT FACILITIES RUGGERI-JENSEN-AZAR ASEMENT OVER A PORTION OF THE LANDS ENGINEERS ^ PLANNERS ^ SURVEYORS DESCRIBED IN DOCUMENT N0. 19599096 v'°"'' ~~n `' `~' '~ "~° t- 3: EI4 ~- , a,.i~ ~r i; 8 ti3~2 SANTA CLARA COUNTY RECORDS SCALE: DATE: JOB No.: CITY OF CUPERTINO, CALIFORNIA 1"=80' 4-24-08 072034