08. Stormwater management facility easement agreement 19333 Vallco ParkwayDRAFT
RESOLUTIO:I~ NO. 10-023
A RESOLUTION OF THE CITY COUl~CIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STOJ~IvIWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, APPLE INC., 19333 VALLCO PARKWAY,
APN(S) 316-20-07_`~ AND 316-20-076
WHEREAS, there has been presentee! to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner,
Apple Inc., 19333 Vallco Parkway, APN(s) 316-20-075 and 316-20-076, as described in
Exhibits "A" and "B", and said agreement ha~~ing 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 speci:~l meeting of the City Council of the City of
Cupertino this 2nd day of February, 2010, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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RECORDING REQUESTED I3Y AND
~rVHEN RECORDED PLEASE RETURN TO:
Apple Inc.
1 infinite Loop, MS 4-LAW
Cupertino, CA 95014
Attn: Real Estate Counsel
SPACE ABOVE FOR RECORDWC'S U5E ONLY
STOR~'IWATER M.4311t-1CiEl~I}~'v~I' FACILITY
EASE;V[ENT AGREEMENT
County Assessar's Parcels: 31b-20-U75 and Sib-20-07b
THI5 STORMWATER ivIANAGEMENT FACT ITY S E AGREEMENT
I "Agreement") is made and entered into thiday of ~~~~~ 2009, by $.p~]-~
j~c a California corporati~ (hereinafter referred to as "GRANTOR") and the City of
Cupertino ("CITY'.
The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility
ittanagement Easement, as described in Exhibit "B" of this Agreement.
RECITALS:
This Agreement is made and entered inta with reference to the following facts:
A. The GRANTOR is the o~cvner of real property and improvements located
within the City of Cupertir_a, 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 tivithin the PROPERTY. The stormwater
management facilities are sho~~-Tn in the Stormwater Management Plan prepared by
Kier & Wright Civil Engineers & Surveyors. lnc. and dated 9 1 0 which plans and
any amendments thereto, are on file with the Public Works Department of the City
of Cupertino, California. The CITY has reviewed and approved the Storm Water
Management Plan subject to the execution of this agreement.
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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 atall reasonable times have a right
to enter said easement For the purposes of inspecting, monitoring, modifying,
maintaining, and repairing the stormwater management facilities at the PROPERTY,
wiithin the easement described in Exhibit "l?~:'
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 requi;:ite.
G. In the event that the CITY shall determine at its sole discretion at any future
time that the Stormwater vanagement 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.
1\OW, THEREFORE:, the parties hereto aj;ree as follows:
1. Covenants Running With the Land• F~-operty Subject to Agreemen 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" 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 i~zterest of the owners thereof. Each and
all of the limitations, easements, obligations, covenants, conditions, and
restrictions contained herein shall tie deemed to be, and shall be construed
as equitable servitudes, enforceable by any of the owners of any of the
property subject to this Agreemer,Et against any other Owner, tenant or
occupant of the said property, or any portion thereof
2. a ni :The GRANTOR shall defend, indemnify, and hold the C!'F~'
harmless of and from any and all cl~Eims, liabilities, actions, causes of action,
and damages for personal injury and property damage, including without
8-3
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
"13," except to the extent that such claims, liabilities, actions, causes of action,
and damages arise aut of ar related to the CITY's negligence andJor
intentional conduct or the negligence or intentional acts of any of the C1TY'S
employees, agents, representatives, contractors, vendors, or consultants.
Attfl~neys' Fees: 1n 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 be entitled to reasonable attorneys' or arbitrators'
fees in addition to all other recoverable costs, expenses and damages.
4. 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
5. Entire Ag,~ee~ent: 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.
5. 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.
7. No Waived 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 may be amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Santa
Clara County, California. ]n 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.
8-4
Executed tl~e day and year first above writt~.n.
APFL _ OR)
B
e; ~~ 1A! w+4~-~ NysT
Title• 9'~- ~1~.•tia'R... `R~ c +O
y
(Notary Acknowledgment to be attached)
CITY OF CUPERTIh'0, (CITY)
s~:
Name:
Title:
8-5
RI«:AI. PROPF'.F.tTY DFSC.RIPTXnIlT
Real prop:riy in the Ci~v of Cupertino, C:ourtp of Santa {;lard State of Californsa, dc.~scrib::d as
follows:
PARCEL A:
ALL OF PARCEL I, AS SHO~'JN ON TI~.AT CERTAIN PARCEL MAP FILED TT~T TfIE
OFFICE OF THE RECORDER OF THE COUNTY OF SA'~sT'A CI,:'~RA, STAiF C)F
CALIFOI~v1A UPI MARCII 26, 1979, IN BOOK 438 OF MAPS, ]'AC;1:S 12 AVl) 13, AND :l
CERTIFICATE OF CORRECTION, ItECOItDED )UAfE 1~, 1979 IN BOOK E57?., PAGE .+;1
OF U):}:ICIAL RECORDS.
a
PARCEL B~
AL L OI= PARCEL 2, AS SHO~AI OAT THAT CERTAIN PARCEL MAP FII..)rll IN 'I'IIE
OFFI(:E Ol; 'I'FIE REC0;2DER nF THE COi]NTY OF SA:~1TA CLARA, STA'TF OF
<:ALTI~Uk1~;A UN MARCH 2b, ] 979, IN BOUK 438 OF MAPS, PAGES i2 AIvrD !3, ANU A
CERTIFICATE OF CORRECTION, RECORDED .TINE 12, ] 9791A! 13UUK E572, PAGE 331
oi: OFFICIAL RECOxns.
APN: 31E~-za-~75 ana 316 Za-o7s
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December 24, 2009
Job No. A09020
Page 1 of 5
EXHIBl:T ~~B"
LEGAL DESCRIPTION
FOR: SWALE EASEMENT
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, being a portion of Parcel 1 and Parcel 2 as shown on that certain Parcel Map filed for
record on March 26, 1978 in Book 438 of Maps at Pages 12-13, Santa Clara County Records,
and being rrxore particularly described as follows:
AREA 1:
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1;
Thence along the southerly line of said Parcel 2, being anon-tangent curve to the right having a
radius of 705.00 feet and to which point a radial line bears North 18°08'34" East, through a
central angle of OS°40'31" for an arc distance of 69.83 feet;
Thence leaving said southerly line, North 23°49'0.5" East, 16.04 feet to the True Point of
Beginning;
Thence the following six (6) courses and distance:.:
1. North i 4°44' 12" East, 17.00 feet;
2. South 75°15'48" East, 30.00 feet; -
3. South 57°03'49" East, 115.89 feet;
4. South 32°56' 11" West, 17.00 feet;
5. North 57°03'49" West, 113.17 feet;
6. North 75°15'48" West, 27.28 feet to the True Point of Beginning.
Said Area I contains 2,434 f Sq.Ft.
AREA 2:
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1;
Thence along the common line of said Parcel 1 and Parcel 2 the foliowirig four (4) courses and
distances:
1. North 20°15'59" East, 131.50 feet;
2. North O 1 °06' 14" West, 226.64 feet;
3. North 88°54'21" East, 2.20 feet;
4. North O1°06' 14" West, 55.24 feet;
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i:iPROJECTS\A09020\DOCS\SURVEY DOCS\LEGAL DESCRIPTlONSISwale Easement\Legal Description.doc
December 24, 2009
Job No. A09020
Page 2 of 5
Thence leaving said common line, South 88°53'46" West, 33.17 feet to the True Point of
Beginning;
Thence along the following four (4) courses and distances:
1. North O1°00'25" West, 32.35 feet;
2. Along anon-tangent curve to the right having a radius of 201.17 feet and to which point a
radial line bears North 09°20'4b" West, through a central angle of 47°47'56" for an arc
distance of 167.82 feet;
3. South 32°58'43" West, 32.53 feet;
4. Along anon-tangent curve to the left having a radius of 107.95 feet and to which point a
radial line bears North 56°16'44" East, through a central angle of 83°4i'32" for an arc
distance of 157.69 to the True Point of Beginning.
Said Area 2 contains 3,933 ± Sq.Ft.
AREA 3:
Beginning at the southwesterly comer of said Parcel 2 said comer also being the southeasterly
corner of said Parcel l;
Thence along the common line of said Parcel 1 and Parcel 2 the following eight (8) courses and
distances:
1. North 20°15'59" East, 131.50 feet;
2. North O1°06' 14" West, 226.64 feet;
3. North 88°54'21" East, 2.20 feet;
4. North O1°06' 14" West, 112.13 feet;
5. North 25°28'49" East, 78.90 feet;
6. North O1°05'14" West, 81.00 feet;
7. North 88°54'46" East, 52.00 feet;
8. North O1°OS' 14" West, 76.61 feet to the True Point of Beginning;
Thence leaving said common line, the following seven (7) courses and distances:
1. Along anon-tangent curve to the Left having a radius of 654.00 feet and to which point a
radial line bears North 11°59'49" East, through a cenixal angle of 06°20'15" for an arc
distance of 72.34 feet;
2. North O1°06'00" West, 60.70 feet;
3. South 57°04' 11" East, 43.46 feet;
4. North 32°55'44" East, 15.94 feet;
5. South 58°55'36" East, 149.21 feet;
6. South 31°04'24" West, 13.68 feet;
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I:IPROJECTS1A09020\DOCS\SURVEY DOCSILEGAL DESCRIPTIONS1Swale EasementlLegal Description.doc
December 24, 2009
Job No. A09020
Page 3 of 5
7. Along anon-tangent curve to the left havi:ig a radius of 654.00 feet and to which point a
radial line bears North 20°30'58" East, through a central angle of 08°31' 10" for an arc
distance of 97.24 feet to the True Point of Beginning.
Said Area 3 contains 6,415 ± Sq.Ft.
AREA 4:
Beginning at the southwesterly comer of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1;
Thence along the southerly and westerly lines of said Parcel 1 the following three (3) courses and
distances:
1. Along anon-tangent curve to the left having a radius of 705.00 feet and to which point a
radial line bears North 18°08'34" East, through a central angle of 19°13'48" for an arc
distance of 236.62 feet;
2. South 88°54'46" West, 50.00 feet;
3. North O1°OS' 14" West, 828.99 feet;
Thence leaving said westerly line, North 88°54'00" East, 45.50 feet to the True Point of
Beginning;
Thence the following six (6) courses and distance;:
1. North 88°54'00" East, 185.64 feet;
2. North O 1 °06' 00" West, 12.77 feet;
3. North 57°04' 11" West, 30.17 feet;
4. South O1°06'00" East, 15.65 feet;
5. South 88°54'00" West, 160.64 feet;
6. South Ol°OS' 14" East, 14.00 feet to the Tn~e Point of Beginning.
Said Area 4 contains 2,780 ± Sq.Ft.
As shown on Sheets 4 & 5 attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
~2~2 Y Q9
Date
M. Amaya, L.S. 8134
~~~ 1,AND SU9`
v~~~PN1A Ai-+pq~ Floes
'~ Exp.12-31-10 ~
d'j, No.8t3A ~~P
~~F CAL/
8-9
I:\PROJECTS\A09020\DOCS\SURVEY DOCS\LEGAL DESCRIPTIONS\Swale Easement\Legal Description.doc
CURVE TABLE: (SHEET 1 ONLY}
CURVE RADIUS DELTA LENGT
C1 705.00' 05°40'31" 69.83'
C2 705.00' 19'13'48" 236.62'
ABBREVIATIONS
P.O.B. POINT OF BEGINNING
T. P.O.B. TRUE POINT OF BEGINNING ~°~
~,L~. ,
~N `'
~~
°O
1
~0
PARCEL 1
,~ (438 M i2-13}
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~\2 ~~ ~~s
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Q
', ~,+\\ ~ `~'r~ 61~` ~ T. P.O.B.
`~
~~ `~~
b ~
L1
I
L7 N 25°28'49" E 78.90'
L8 N 0]°05'14" W 81.00'
L9 N 88°54'46" E 52.00'
L10 N O1°05'14" W 76.61' ~
Ll l S 88°54'46" W 80.00'
L12 N 88°54'00" E 45.50'
~er-'.; T r, ':~i'L.:w e~'~. i-i ~:~:=i l_.?.. c~~.. •'e• fl r; T :_~-_.`~t i~i rti T''~iL. 'r
W
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IXP. 12-31-10
J'j, No 81-~e~ ~~Q
q~F OF C A~-~~~~
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SWALE EASEMENT
DATE DEC. 2009
SCALE 1 " = 15C
CUPERTINO CALIFORNIA DR. BY 56
KIER & WRIGHT SOB Ao9ozo
EXHIBIT "B'~ W CIVIL ENGINEERS & SURVEYORS, INC. SHEET
3350 Scott Boulevard, Building 22 (408) 727 6665 w C
~ IlSEB:iaa"po t~PIfQEC{S~A097lO~DIIC~SiR1E7~ftA6~.5~de Eaawmt~C-PIALdwg 0¢EIHA N, 2m9 &~ A4 Santa Clara, Califomta 95054 fax (408) 727 5641 'Y OF J
~1,
~~
AREA~4 \\
AREA 4 ~~
2,780 ± Sq.Ft.
SEE SHEET 2
I
AREA 3
6,415 ± Sq.Ft.
SEE SHEET 2 `
a ^i X '
t7 v ~~° ~ I
T.P.O.B. V
AREA 3
\~
P.O.B. ~~1.L`L~O6~ AREA 2 ' ~ 3 933 ± Sq.Ft.
t2 , 1 SEE SHEET 2
T.P.O. B.
AREA 1
AREA 1
2,434 ~- Sq.Ft.
SEE SHEET 2
PARCEL 2
(438 M 12-13}
LINE TABLE: (SHEET 1 ONLY)
U LINE BEARING DISTANCE
'
"
'
°
Ll 49
E
05
N 23 16.04
L2 N 20°15'59" E 131.50'
L3 N 88°54'21" E 2.Z0'
L4 N O1°06'14° W 55.24'
L5 5 88°53'46° W 33.17'
--~ L6 N O 1°06'14" W ] 12.13'
"
~ ~~,1
' P LINE TABLE: (SHEE T 2 ONLY)
1.~.~ LINE BEARING DISTf~NCE
r L1 N 14°44'12" E 17.00'
~~ ,N L2 S 75°15'48" E 30.00'
1 L3 5 32°56'1 1" W 17.00'
I
I L4 N 75°15'48" W ?7
28'
~ ~ ~I ~ ~ L5 N O1°00'25" W .
32.35'
M ~ L6 S 32'58'43" W 32.53'
_
^I I "" L7 N O1°06'00" W 60.70'
I ~ L8 5 5 7°04' 11 " E 4.3.46'
~
31 I L9 N 32°55'49" E 15.94'
''" L10 S 31°04'24" W 13.68'
~ ~I I ~ L1 1 N 01°06'00" W "l z.77'
a o t o
I L12 N 57°04'11" W :30.17'
~
~ L13 S 01'06'00" E 15.65'
,'~ ZLL3J `~ L14 S 01°05'14" E 14.00'
AREA 1
2,434 ± Sq.Ft.
SCALE: 1 " = 50'
~.1
~j o0I
J
LL9
~\
O ~~
`~ ~6-„r~ T.P.O.B. 1
~`~'o'a' AREA 3
o '~ r.
~ s°~ ~!
N 1 1°59'49" E (R) _ I~
.~
`"a~~ I~
~~
~ ~ ~1 ~
AREA 3 N~o I`^
oz ~
6,415 ± Sq.Ft. 1 j
SCALE: 1 " = 50' ~
N 20°30'58' E (R) ~,~
L10
\ ~'
~~s\ \~
.6~\ \
AREA 4 \ \ ~,~3~
2,780 t Sq.Ft. I~
SCALE: 1" = 50' \ ~-~
11
v
\~ of cA~-~
PLAT TO ACCOMPANY LEGAL DESCRIPTION
FOR: SWALE EASEMENT
DEC. 2009
SCALE 1 " = 50'
CUPERTfNO CALIFORNIA DR. BY
~, w KI~:R & WRIGHT SOB
EXH I B1T B CIVIL ENGINEERS & SURVEYORS, {NC. SPIFFY
3350 Scott Boulevard, Building 22 (408) 727 6665
usFR~. tla~crs~OWwcW~nt~Iruisls.a~ ~C-auras o j+. ~ ~p w Sartta Clara, Cakifornia 95054 rax (aos~ 7z7 seal
^~ N 09°20'46" W (R)
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3,933 ± Sq.Ft.
SCALE: 1 " = 50' /
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AREA 4 '--'~ S~~ t AND s~~
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~°\ ~~= EXP. 12-31-10
~o\ \~ ~ iz-2Y a9 ~
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SB
A09020
5 of 5
CALIFORNIA ALL-PURPOSE
ACKNOWLEDGMENT
State of California )
ss.
County of Santa Clara )
Cln , 2~a- d ,before me Margaret E. Jones, a Notary Public for the
State, person Iy appeared ~~n Gt,htsyr~hc.~$ ,personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person
whose name is/ aye subscribed to the within instrument and acknowledged
to me that he/sha~sy executed the same inhis/h~/~ketr authorized
capacity(ies), and that by his/her-{#~eir signature:(s}-on the instrument the
person, or the entity upon behalf of which the personj~ acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the Iaws of the state of
California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
MARGAREF E. JONES
~.,~ Commissi0n ~ 1876834
a ~:.~~ 4 Ffotary Public - CaNfornia
° o~ Santa Clara Coutttji
My Comm. Expires Jul 17, 20iQ
8-12