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E-631 Stormwater Mgmt Facility Easement
RECORDED AT THE REQUEST OF City of Cupertino WHEN RECORDED RETURN TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 10855 N. Stelling Rd Amended Map of Tract No. 9983 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this ~ ~`' day of ~, 2009, by Stelling Palms of Cupertino, LLC, a California limited liability company (hereinafter referred to as the "GRANTOR") and the City of Cupertino, a municipal corporation (hereinafter referred to as the "CITY"). RECITALS: This Agreement is made and entered into with refi;rence to the following fact: A. The GRANTOR is the owner of real property and improvements located within the City of Cupertino, County of Santa Clara, State of Californi a (the "PROPERTY"), as described in Exhibit A of this Agreement. NOW, THEREFORE, the parties hereto agree as follows: 1. The GRANTOR does hereby grant and convey to the CITY, a Stormwater Management Facility Easement, over, upon and under the property described in Exhibit B of this Agreement. 2. The GRANTOR 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 by JMH Weiss, Inc. and dated March 2008, which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino. The CITY has reviewed and approved the Stormwater Management Plan subject to the execution of this Agreement. 3. The GRANTOR, its successors and assigns, shall be responsible for maintenance of these stormwater management facilities in accordance v~~ith the Stormwater Maintenance Agreement for this facility and the CITY's stormwater Pollution Prevention and Watershed Protection Ordinance. 4. The CITY, its successors and assigns, shall. at all reasonable times have a right to enter said easement for the purpose of inspecting, monitoring, modifying, maintaining, and repairing the stormwater management facilities at the PROPERTY, within the easement described in Exhibit B. 5. 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. 6. The GRANTOR will warrant specially said easement and shall execute such further assurances thereof as maybe requisite. 7. In the event that the CITY shall determine at its sole discretion at any future time that the stormwater management facilities 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 re~~ord with the County of Santa Clara, at its/their expense. 8. 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 prop~;rty described in Exhibit A or any portion thereof and shall be for the benefit of each owner of said ~~arcels or any portion of said property and shall inure to the benefit of and be binding upon each s~.~ccessor 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 said property, or any portion thereof. 9. Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY harmless of and from any and all claims, liabilities, actions, cause:; 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 use of the easement described in Exhibit B, except to the extent that such claims, liabilities, actions, cau;~es of 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. 10. Attorneys' Fees: In the event that any 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 lie entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. Page 2 of 4 11. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 12. 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. 13. Severability: In the event any part or provision of this Agreement shall be determined to be invalid or unenforceable under the laws of the St;~te 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. 14. No Waiver: The waiver of any covenant contained herein shall not be deemed to be a continuing waiver of the same or any other coven,~nt contained herein. 15. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment shall be recorded in Santa Clara County, California. In the event any conflict arises between the provisions of any si.~ch amendment and any of the provisions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. Page 3 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) On May 5, 2009 before me, S. Howard, << Notary Public, personally appeared Keith Kolker and Linda Espinoza, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity u~~on behalf of which the persons acted, exe- cuted the instrument. I certify under PENALTY OF PERJURY lender the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. HOWARD Commi:aion #~ 1831595 Notary Public -California i Santa Clara County M Comm. Tres Jan 17, 2013 THE WITHIN CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT L)ESCRIBED BELOW: Though the below information is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal an~i reattachment of this form to another document. Description of Attached Documents: Title or Type of Document: Stormwater Management Facility Easement Agreement - 10855 N. Stelling Rd, Amended Map of Tract No. 9983 Date of Document: Undated Number of Pages: 4 (w/o attachments, exhibit: and/or certificate(s)) Signer(s) Other Than Named Above: City of Cupertino Capacities claimed by si ners: Signer's Name: Keith Kolker Capacity Claimed: Vice-President Signer is representing: Stelling Palms of Cupertino, LLC Signer's Name: Linda Espinoza Capacity Claimed: Vice-President Signer is representing: Stelling Palms of Cupe::~tino, LLC Exhibit `A' Legal Description ~~f "PROPERTY" All that certain real property situated in the Cit}~ of Cupertino, County of Santa Clara, State of California, described as follows: Lots 1 through 21 of the Amended Map of Tract No. 9983, as said map was filed for record in the Office of the Recorder of the County of Sant~l Clara, as File No. 19991681 on September 17, 2008, in Book 827 of Maps at Pages 21-26, County of Santa Clara. Said described area contains 1.105 acres, more or less. ~.ANp ~~ ~ ~ 1 ~\ ~, Y # 007139 ~ ~ Expires: 12/31/10 S~~TF 0~ CA1.,~O~~~P 07/08/08 Prepared By: JMH Weiss, Inc. F:Vobs\4583-Las Palmas-Cupertino\Maps\Agreements\4583-Stormwater f:asement Legal-070808.doc Exhibiit `B' Legal Description of Stormwater Management Facility Easement All that certain real property situated in the City of Cupertino, County of Santa Clara, State of California, described as follows: Lot 21 and the easements designated and delineated as "P.S.D.E." (Private Storm Drain Easement) as shown on the Amended Map of Tract No. 9983, as said map was filed for record in the Office of the Recorder of the County of Sant~l Clara, as File No. 19991681 on September 17, 2008, in Book 827 of Maps at Pages 21-26, County of Santa Clara. ~.ANp `~~ RR . SG +1,713% "-1~ Expires'' 12/31/10 ~~~TF 4F t `~o~~~P CA 07/08/08 Prepared By: JMH Weiss, Inc. F:Vobs\4583-Las Palmas-Cupertino\Maps\Agreements\4583-Stormwater Easement Legal-070808.doc CALIFORNIA ALL-PURPOSE ACKN0IINLEDGMENT State of California County of ~G~-a- ~'~-~.liZ'~-~ On ~' ~ 1 ~~ C%(1 before me, ~ ~~1 l~ {L- r~S~ (~~J~/a-1~= ~u.-~L~ ~-,~ Date Here Insert Name nd Title of the Officer personally appeared ~ ~~~- ~/~(~-t'/L Name(s) of Signer(s) JUIIA KIMST Commiuion N 1g31Y8 ~1! PubNe - C~MIerrW ti~h Clra Cowily ConMn. ,I~ 2S ~ Place Notary Seal Above who ~~roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capat:ity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of whici~ the person(s) acted, executed the instrument. 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 ~~'' ~~ Signature of Notary Public OPTIONAIL Though the information below is not required by law, it may pr~~ve 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: ~tW+M- ~~-~Z~ ~Z C'lA 5-E-(~Vll~'~ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ Gener ^ Attorney in Fact • ^ Trustee Top of thumb here ^ Guardian or Conserv r ^ Other: Signer Is Repres nting: Signer's Name: ^ Individual ^ Corporate Officer -Title(s): CI Partner - ^ Limited ^ Ger ^ Attorney in Fact ^ Trustee ^ Guardian or Conse CI Other: _ _ ~ Signer Is Representing Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 ~ 13-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 RESOLUTI01v N0.09-108 A RESOLUTION OF THE CITY COUl`1CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, STEELING PALMS OF CUPERTINO, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 10855 N. STEELING ROAD, AMEr1DED MAP OF TRACT NO. 9983 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easement agreement between the City of Cupertino and owner, Stelling Palms of Cupertino, LLC, a California Limited Liability Company, 10855 N. Stelling Road, Amended Map of Tract No. 9983, and said ~~.greement 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 agre-ement on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 7th day of July 2009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the City Council Mahoney, Sandoval, Santoro, Wang, Wong None None None City Clerk APPROVED: