E-653 Stormwater Management Facility Easement Agreement, 10231 Amelia CT , APN 326-17-017 •
DOCUMENT: 20861037 Pages: 12
RECORDING REQUESTED BY: 111 II I 1 III 1 II I I II Fees.. * No Fees
Taxes..
City of Cupertino Copies . .
AMT PAID
WHEN RECORDED, MAIL TO:
REGINA ALCOMENDRAS RDE # 024
City Clerk's Office SANTA CLARA COUNTY RECORDER 9/08/2010
Recorded at the request of 12 26 PM
City of Cupertino City
10300 Torre Avenue
Cupertino, CA 95014 -3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
Kelly- Gordon Development Corp.
10231 Amelia Court
APN 326 -17 -017
•
e Original
O For Fast Endorsement
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 #326 -17 -017
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
( "Agreement ") is made and entered into this* day of , 20 10 , by Kelly- Gordon
Development Corp., a California corporation, (hereinafter referred to as "GRANTOR ") 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 required to install, operate, and maintain stormwater
management facilities within the PROPERTY. The stormwater management facilities are shown
in the Stwater Management Plan prepared by Nordic Engineering, Inc. and dated
Nr r - 12.tiO , which plans and any amendments thereto, are on file with the Public Works
FINAL -1- 10/21/03
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 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 may be requisite.
G. In 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
FINAL -2- 10/21/03
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 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 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 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.
FINAL -3- 10/21/03
Executed the day and year first above written.
(GRANTOR)
By:
Name: ' l / _
Title: e '..•T" / _
(Notary Acknowledgment to be attached)
CITY OF CUPERTINO
By: f\'
Name: .D .i 1 p K N " P r _
FINAL -4- 10/21/03
State of California
County of Santa Clara
On 4th day of August, 2010 before me, G. Jarnagan a Notary Public, personally appeared Brian J. Kelly, who proved 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 capacity(ies), and that by
his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which 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 and
correct.
WITNESS • . • • and official seal. - -- : - G. JARNAGAN
41 COMM.# 1854739 ((�
Signatur-: % t ♦. V!
r CO
.M. NOTARY �
/ SANTA CLARA COUNTY PUBLIC - CALIFORNIA
Name: G. arnagan MMM. EXP JUN. 19.2013,
(typed or printed) (Seal)
GJ /gj
EXHIBIT A
The land referred to is situated in the County of Santa Clara, City of Cupertino, State of
California, and is described as follows:
PARCEL ONE:
Beginning at an iron pipe found at the Northwesterly corner of that certain tract of land (here
designated as "Tract A ") described in that certain deed from William C. McKinley, et ux, to W. L.
Stapp, et al, dated August 20, 1943, and recorded September 15, 1943, in Book 1162 of Official
Records, Page 45, Santa Clara County Records (said pipe being reset one foot below the
surface of the ground) said point of beginning being also in the Westerly line of that certain
10.06 acre tract conveyed by Amasa Eaton Company, a corp., to John A. Chuk by Deed dated
August 3, 1940 and August 17, 1940 in Vol. 993 of Official Records, Page 591, Santa Clara
County Records, distant thereon North 1 °21' West 180.00 feet from the Southwesterly corner
thereof, and running thence from said point of beginning Easterly along the Northerly line of
said "Tract A ", South 83 °17' East 240.06 feet to an iron pipe found at the Northeasterly corner
of said "Tract A" and in the Easterly line of said 10.06 acre tract (said iron pipe being reset six
inches below the surface of the ground) thence Northerly along said Easterly line of said 10.06
acre tract, North 1 °08' West 180.00 feet to an iron bar set six inches below the surface of the
ground, thence Westerly and parallel with said Northerly line of "Tract A ", North 83 °17' West
240.81 feet to an iron pipe set one foot below the surface of the ground in said Westerly line of
said 10.06 acre tract; and thence Southerly along said Westerly line of said 10.06 acre tract
South 1 °21' East 180.10 feet to the point of beginning, and being a part of said 10.06 acre tract
in the Rancho San Antonio, as patented. Courses True. Surveyed May 4, 1945 by F. A.
Herrmann, Registered Civil Engineer.
PARCEL TWO:
An easement for the purpose of ingress and egress over a strip of land described as follows:
Beginning at an iron pipe set in the Southwesterly line of that certain 10.06 acre tract of land
described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated
August 3, 1940, recorded August 17, 1940, in Book 993 O.R. Page 591, Santa Clara County
Records, distant thereon South 41 °27' East 366.50 feet from the Southwest corner of said
10.06 acre tract, and running thence from,said point of beginning North 1 °08' West 426.61 feet
to the Southeasterly corner of the parcel of land firstly above described; thence along the
Southerly line thereof North 83 °17' West 20.19 feet, 1:hence parallel with and 20 feet Westerly
at right angles from the first course of this description South 1 °08' East 324.10 feet, thence
running along a curve to the right with a radius of 30 feet through an angle of 139 °41' a
distance of 73.14 feet to a point on the Southwesterly line of said 10.06 acre tract running
thence along said Southwesterly line South 41 °27' East 112.63 feet to the point of beginning.
PARCEL THREE:
A right of way for road purposes over a strip of land 20 feet in width, the Westerly line of which
is described as follows:
Page 1 of 2
•
Beginning at the Northernmost corner of that certain 0.202 acre tract of land described in the
Deed from W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, recorded January
15, 1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence from said point
of beginning South 1 °08' East 132.58 feet to the Southwesterly corner of said 0.202 acre tract.
PARCEL FOUR:
An easement for the purpose of ingress and egress over a parcel of land described as follows:
Beginning at an iron pipe "N" on the Southwesterly line of that certain 10.06 acre tract of land
described in the Deed from Amasa Eaton Company, a corporation, to John A. Chuk, dated
August 3, 1940, and recorded August 17, 1940, in Book 993 O.R. at Page 591, Santa Clara
County Records, distant thereon South 41 °27' East 366.50 feet from the Southwesterly corner
of said 10.06 acre tract, thence from said point of beginning running North 1 °08' West 208.04
feet to the Southwest corner of that certain 0.202 acre tract of land described in the Deed from
W. L. Stapp, et al, to L. W. Northon, et ux, dated January 8, 1943, and recorded January 15,
1943, in Book 1124 O.R. at Page 312, Santa Clara County Records; thence along the Southerly
line of said 0.202 acre tract; thence South 85 °00' East 20.12 feet to an iron pipe; thence
running South 1 °08' East 100.56 feet to an iron p pe, thence curving tangentially to the right on
a curve of 70 feet radius through an angle of 44 °25' for an arc distance of 54.27 feet to an iron
pipe, thence South 31 °56' East 35.79 feet to an iron pipe, thence South 10 °12' West 38.89 feet
to an iron pipe on the Southwesterly line of 10.06 acre tract so described in the Deed to John A.
Chuk above referred to; thence along said last named Southwesterly line North 41 °27' West
16.48 feet to the point of beginning.
APN: 326 -17 -017
Page 2 of 2
EXHIBIT B
All of that real property situate in the City of Cupertino, County of Santa Clara, State of California described as
follows:
Beginning at an iron pipe found at the Northwesterly corner of that certain tract of land (here designated as
"Tract A") described in that certain deed from William C. McKinley, et ux, to W. L. Stapp, et al, dated August
20, 1943, and recorded September 15, 1943, in Book 1162 of Official Records, Page 45, Santa Clara County
Records (said pipe being reset one foot below the surface of the ground) said point of beginning being also in
the Westerly line of that certain 10.06 acre tract conveyed by Amasa Eaton Company, a corp., to John A. Chuk
by Deed dated August 3, 1940 and August 17, 1940 in Vol. 993 of Official Records, Page 591, Santa Clara
County Records, distant thereon North 1 °21' West 180.00 feet from the Southwesterly corner thereof, and
running thence from said point of beginning Easterly along the Northerly line of said `Tract A ", South 83 °17'
East 240.06 feet to an iron pipe found at the Northeasterly corner of said "Tract A" and in the Easterly line of
said 10.06 acre tract (said iron pipe being reset six inches below the surface of the ground) thence Northerly
along said Easterly line of said 10.06 acre tract, North 1 °08' West 180.00 feet to an iron bar set six inches
below the surface of the ground, thence Westerly and parallel with said Northerly line of "Tract A ", North
83 °17' West 240.81 feet to an iron pipe set one foot below the surface of the ground in said Westerly line of
said 10.06 acre tract; and thence Southerly along said Westerly line of said 10.06 acre tract South 1 °21' East
180.10 feet to the point of beginning, and being a part of said 10.06 acre tract in the Rancho San Antonio. as
patented. Courses True. Surveyed May 4, 1945 by F. A. Herrmann, Registered Civil Engineer.
Excepting therefrom all of those areas designated on the attached EXHIBIT B as "BUILDING FOOTPRINT.
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EXHIBIT B
PLAT TO ACCOMPANY EXHIBIT B
FOR THE CREATION OF A
STORMWATER MANAGEMENT FACILITY EASEMENT
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RESOLUTION NO. 10 -161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, KELLY - GORDON DEVELOPMENT CORP.,
10231 AMELIA COURT, APN 326 -17 -017
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner,
Kelly- Gordon Development Corp., 10231 Amelia Court, APN 326 -17 -017, 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 regular meeting of the City Council of the City of
Cupertino this 17 day of August, 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:
) 16- IlF2drAjl
4 /
City Clerk / or, City of Cupe no
"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
Kelly- Gordon Development Corp.
and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on
August 17 2010, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: September 1, 2010
By:
irsten Squarcia
City Clerk's Office
10300 Torre Avenue Cupertino, CA 95014