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E-640 Stormwater Management Facility Easement Agreement, 19333 Vallco Parkway, APN 16-20-075 and 16-20-076 RECORDING REQUESTED BY: City of Cupertino DOCUMENT: 20639931 Pages : 14 l iii Fees.... � No Fees WHEN RECORDED, MAIL TO: Copies.. . . City Clerk's O f f i c e AMT P A I D City of Cupertino 10300 Torre Avenue RE=GINA ALCOMENDRAS RDE # 01 1 Cupertino, CA 95014 -3255 SANTA CLARA COUNTY RECORDER 3/15/2010 Recorded at the request of 10 14 AM C t y (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT Apple,, Inc. 19333 Vallco Parkway APN(s) 316 -20 -075 AND 316-20-076 For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 RECORDING REQUESTED BY AND WHEN RECORDED) PLEASE RETURN TO: Apple Inc. 1 Infinite Loop, MS 4 -LAW Cupertino, CA 95014 Attn: Real Estate Counsel SPACE ABOVE FOR RECORDING'S USE ONLY STORM I WATER MANAUEIvI N l FACILITY EASEMENT AGREEMENT County Assessor's Parcels: x;16 -20 -075 and 316 -20 -076 THIS STORMWATER MANAGEMENT FACT' ITY EASMENT AGREEMENT ("Agreement") is made and entered into 1_hiF, ilirday of .moo. by Apple Inc., a California corporation (hereinafter referred to as "GRANT") ") and the City of Cupertino ( "CITY "). The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility Management Easement, as described in Exhibit "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 ;'equired to install, operate, and maintain stormwater management facilities within the PROPERTY. The stormwater management facilities are shown in the Stormwater Management Plan prepared by Kier & Wright Civil Engineers & Surveyors. Inc. and dated 9115/09, 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. 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, monitoring, modifying, maintaining, and repairing the stormwate: 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 may be requ:.site. G. En the event that the CITY shall determine at 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 "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 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. 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 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, causes 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. 3. 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 be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 4. Further Documents: The parties ccvenant 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 Agreement: This Agreemen'_ 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 par; 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 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 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 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. Executed the day and year first above written. 0 e: APFL �► • l OR) I- 447,00.1 W 4 i4 4 1 Title: °l cto1Z— Rxc✓> (Notary Acknowledgment to be attached) CITY OF CUPERTINO, (CITY) By: Name: Title: 'EXHIBIT "A" REAL PROPERTY DESCRIPTION Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL A: ALL OF PARCEL I, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, 1979, Lei BOOK 438 OF MAPS, PACES 12 AND 13, AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 15, 1979 IN BOOK E572, PAGE 331 OF OFFICIAL RECORDS. PARCEL B: ALL OF PARCEL 2, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN '1 OFFICE OF THE RECORDER OF THE COL; NTY OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, I979, IN BOCK 433 OF MAPS, PAGES 12 AND 13. AND A CERTIFICATE OF CORRECTION, RECORDED JUNE 12, 1979 1N 1300K E572, PAGE 331 OF OFFICIAL RECORDS. APN: 316 -20 -075 and 316 -20 -076 December 24, 2009 Job No. A09020 Page 1 of EXHIBIT "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 more 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 a non - 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 05 °40'31" for an arc distance of 69.83 feet; Thence leaving said southerly line, North 23°49'C5" East, 16.04 feet to the True Point of Beginning; Thence the following six (6) courses and distances: 1. North 14°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 1 contains 2,434 ± 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 following four (4) courses and distances: 1. North 20 °15'59" East, 131.50 feet; 2. North 01°06'14" West, 226.64 feet; 3. North 88 °54'21" East, 2.20 feet; 4. North 01 °06'14" West, 55.24 feet: I:APROJECTS \A09020 \DOCS \SURVEY DOCS LEGAL DESCRIPTIONSvSvv 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 01 °00'25" West, 32.35 feet; 2. Along a non- tangent curve to the right having a radius of 201.17 feet and to which point a radial line bears North 09 °20'46" West, t:zrough 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 a non - 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 °41'32" 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 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 aad Parcel 2 the following eight (8) courses and distances: 1. North 20 °15'59" East, 131,50 feet; 2. North 01°06'14" West, 226.64 feet; 3. North 88 °54'21" East, 2.20 feet; 4. North 01°06'14" West, 112.13 feet; 5. North 25 °28'49" East, 78.90 feet; 6. North 01°05'14" West, 81.00 feet; 7. North 88 °54'46" East, 52.00 feet; 8. North 01°05'14" West, 76.61 feet to the True Point of Beginning; Thence leaving said common line, the following seven (7) courses and distances: 1. Along a non - 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 central angle of 06 °20' 15" for an arc distance of 72.34 feet; 2. North 01 °06'00" West, 60.70 feet; 3. South 57 °04' 11" East, 43.46 feet; 4. North 32 °55'49" East, 15.94 feet; 5. South 58 °55'36" East, 149.21 feet; 6. South 31 °04'24" West, 13.68 feet; I: 'PROJECTS' DOCS LEGAL DESCRIPTIONSvSY ale Easement`, Legal Description.doc December 24, 2009 Job No. A09020 Page 3 of 5 7. Along a non - tangent curve to the left having 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'l0" 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 corner 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 a non - 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, 80.00 feet; 3. North 01°05'14" 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 distances: 1. North 88 °54'00" East, 1.85.64 feet; 2. North 01°06'00" West, 12.77 feet; 3. North 57°04'11" West, 30.17 feet; 4. South 01 °06'00" East, 15.65 feet; 5. South 88 °54'00" West, 160.64 feet; 6. South 01°05'14" East, 14.00 feet to the True 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. 00(0) AND SU��F A � ,�� NI ti jg b9 ® � 2 -2 Date Ryan M. Amaya, L.S. 8134 Exp. 12-31 -10 s% No. 81'3 ` 5 FCALV I: PROJECTS \A09020 \DOCS'%,SURVEY DOCS \LEGAL DESCRIPTIONSvvSwale Easement' Description.doc 1 1P / F`Sk-P" LINE TABLE: (SHEET 2 ONLY) / "\ N 09 °20'46" W (R) 6-, LINE BEARING DISTANCE `� r \C-1 L 1 N 14°44'12" E 17.00' �\ \ Q L2 S 75 °15'48" E 30.00' \ 1 L3 S 32 °56'11" W 17.00' T.P.O.B. \ I L4 N 75 °15'48" W 27.28' AREA 2 �I I - L5 N 01 °00'25" W 32.35' \ r � m L6 S 32 °58'43" W 32.53' O P\ \ \-' o r- I I L7 N 01 °06'00" W 60.70' \ � �o m s � I I L8 S 57 °04'11" E 43.46' � �� '�`?� - L9 N 32 °55'49" E 15.94' * 1 � �'`�' 0 I I "' L10 S 31°04'24" W 13.68' . , U �I Ir L11 N01 °06'00 "W 12.77' a o o L12 N 57 °04'11" W 30.17' 7' IYS6 °� I I 6 51 L13 S 01 ° 06 ' 00 " E 1 5.65' 4 - 'e / > Z j. J `" L14 S 01 °05'14" E 14.00' L6 J AREA 1 AREA 2 2,434 ± Sq.Ft. 3,933 ± Sq.Ft. SCALE: 1" = 50' SCALE: 1" = 50' /1 \, 0 L9 T. P.O.B. \∎\ ,2 LAND 6....--(/ �\ �\ AREA 4 \ O �� / \ \ J, � M'44 q � GFo c �a;a T.P.O.B. I \mod)° �� AREA 3 - 1/4 u'' -- O � I c cp \v, �! A•r "'�< `r ' of ci A O -- EXP. 12 -31 -10 N 11°59'49" E (R) I o\ \*- /L -2Y-09 \ s� 9 � F N 813 r k � o � ��� I co \, OF c p,\ I11' 6o � F' I ° �� \ AREA 3 ° -‘ N \ \ 3,, 6,415 ± Sq.Ft. I AREA 4 �; SCALE: 1" = 50' \ 2,780 ± Sq.Ft. \ IN N 20 °30'58" E (R) I) SCALE: 1" = 50' \ J L10 VA % DATE PLAT TO ACCOMPANY LEGAL DESCRIPTION DEC. 2009 FOR: SWALE EASEMENT SCALE 1" = 50' CUPERTINO CALIFORNIA DR BY SB k W KIER & WRIGHT JOB A09020 EXHIBIT "B" CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 • USER,ramo,t t'1PROJECTS \A09020 \DWG \SURVEY \ PLATS \Swale Eosement \C- PLATdwq DECEMBER 24, 1002 8 -44 AM Santa Clara, California 95054 fax (408) 727 5641 5 OF 5 CURVE TABLE: (SHEET 1 ONLY) i 7 CURVE RADIUS DELTA LENGTH Cl „, , ... ,....7 --, 705.00' 05 °40'31” 69.83' C2 705.00' 19 °13'48" 236.62' c-) ABBREVIATIONS �� ^rte j T.P.O.B. P.O.B. POINT OF BEGINNING AREA 4 \\ T.P.O.B. TRUE POINT OF BEGINNING ,� \,, 79, AREA 4 J 2,780 ± Sq.Ft. SEE SHEET 2 5 .�O - �O PARCEL 1 (438 M 12 -13) AREA 3 6,415 ± Sq.Ft. W SEE SHEET 2 it \ `'' v T.P.O.B. U H \`r AREA 3 W r4 � `O� ,C, G'\'' T.P.O.B. \ \ 0 \\ �_ �. ()- " 6 ` AREA 2 AREA 2 �_` \` P.O.B. 7i1- 1 3,933 ± Sq.Ft. Li SEE SHEET 2 �, v. 6 0 T.P.O.B. ti n AREA 1 b \ AREA 1 PARCEL 2 , , 2,434 ± Sq.Ft. (438 M 12 -13) I SEE SHEET 2 I I LINE TABLE: (SHEET 1 ONLY) LINE BEARING DISTANCE U L1 N 23 °49'05" E 16.04' L'7 N 25 °28'49" E 78.90' L AND L2 N 20°15'59" E 131.50' L3 N 01°05'14" W 81.00' (< M • q,Lj G F ci L3 N 88°54'21" E 2.20' L9 N 88 °54'46" E 52.00' � 9 v \ L4 N 01 °06'14" W 55.24' LI0 N 01 °05'14" W 76.61' I J ‘„, < L5 S 88 °53'46" W 33.17' L 1 S 88 °54'46" W 80.00' EXP. 12 -31 -10 L6 N 01°06'14" W 112.13' L 12 N 88 °54'00" E 45.50' P4 /2 eq-o9 1 DATE DEC. 2009 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR: SWALE EASEMENT SCALE 1" = 150' CUPERTINO CALIFORNIA DR BY SB I , KIER & WRIGHT JOB A09020 EXHIBIT B CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3351) Scott Boulevard, Building 22 (408) 727 6665 USERramaya P\PRCJ [CTS \AO9C20 \DME \SURVER\PLATS \Swale Easement \C- PLA`dwy DECEMUER 24 2009 6: AM Santa Clara, California 95054 fax (408) 727 56 4 OF 5 % CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT fi fi State of California / 5 fi County of S 4r t, fi On 2 /7 Z�v r,� � before me, B7r)A- "4 e&7 , M Yh / G Date Here Insert Name an Title of the Officer fi personally appeared ��1e/ Ca.vy '// ZOk) Sen h v r� S p fi Y pp Name(s) of Signer(s) � fi fi fi who proved to me on the basis of satisfactory fi evidence to be the person(e) whose name(e) is /are subscribed to the within instrument and acknowledged fi to me that he /she /they executed the same in fi his�'kaer /their authorized capacity(aes), and that by 5 fi his,4he /tetr signature(a) on the instrument the fi person(&), or the entity upon behalf of which the q • MAMAS person(s) acted, executed the instrument. 5 fi r' l c. s •1 » fi \ S - r I certify under PENALTY OF PERJURY under the fi 1 i i t ., laws of the State of California that the foregoing fi paragraph is true and correct. WITNESS my hand and official seal. fi fi Signature: 1/14 �, Place Notary Seal and/or Stamp Above Signature of tary Public fi OPTIONAL 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. fi fi Description of Attached Document fi Title or Type of Document: fi Document Date: Number of Pages: fi Signer(s) Other Than Named Above: fi Capacity(ies) Claimed by Signer(s) fi Signer's Name: _ Signer's Name: fi ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): LI Individual RIGHT THUMBPRINT El Individual R IGHT THUMBPRINT OF SIGNER OF SIGNER fi ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here fi ❑ Attorney in Fact ❑ Attorney in Fact fi ❑ Trustee LI Trustee fi ❑ Guardian or Conservator ❑ Guardian or Conservator fi ❑ Other: ❑ Other: - fi fi Signer Is Representing: Signer Is Representing: fi k ,,,x, ,,, ,,,, , , ,, C t, �C?c= ., ,,` .` C>r=,,,,x;,K.`�= c? s,c t4` ,,,,, c ,,,, , ,,,`c = t?c=.<„ ,,,,, ,,, ,, <, , =C` ,, ,,c%t; r - c, ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationalNotary .org Item #5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the maintenance agreement with Apple, Inc. and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on February 17 2010, and the grantee consents to recordation thereof by its duly authorized officer. Dated: March 10, 2010 By: tt# L Julie ' i'Tza City Clerk's Office 10300 Tone Avenue Cupertino, CA 95014 RESOLUTION NO. 10 -023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, APPLE INC., 19333 VALLCO PARKWAY, APN(S) 316 -20 -075 AND 316 -20 -076 WHEREAS, there has been presented 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 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 special 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: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ek City Clerk ayor, City of Cup: ino