102-Original.pdfRECORDED 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 4326-09-072 & 326-09-073
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
(`'Agreement") is made and entered into this 16 day of O c4oh er , 20 01, by Villa Serra
Apartments, a California LimitedPartnershW (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 Attachment '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 Stormwater Management Plan prepared by Sardis and dated APP 11 Zyog , which
FINAL -1- 10/21 /03
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 casement 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 perrnit 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 casement and shall execute such further
assurances thereof as may be requisite.
G. In the event that the CITY shall detennine 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:
Covenants Running With the Land; Property Subject to A reement. 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
FINAL -2- 10/21 /03
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.
r 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.
Entire A 7eement: 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.
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- 10/2I /03
Executed the day and year first above written.
- 11LLASERRJIA
R`TME , a ca! rnyo� 4imited �arthersh�p
BY PromH f 11, �C orpora-�i on, i1-s rt cra I po rtner
.By:
Name: do T A oas
Title: )IIAE qRE&DEt-A_T
(Notary ck wledgment to be attached)
CITY OF CUPERTINO
By:
r -Name: _ - -
Title:
FINAL -4- 10121 /03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ,(
On fnr0�o.� before me, �"�"" .` & Z L��Tz�?CjA" � L ,—
Date Here Insert Name and Title of IM Officer
personally appeared _ _. X�N / —5--s._
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the personx whose name
bscribed to the
within instr6ment and acknowledged to me that
ey executed the same in(5Ds f lei .authorized
capacit1j and that by Cba #ei signature on the
instrument the person , or the entity uporr behalf of
LEANN L. SLATER which the perso nKlcted, executed the instrument.
C+ommissbrt ! 1016803
s -e Noiuy P l - ""On'"
San Maf�o Coiushl I certify under PENALTY OF PERJURY under the laws
M Comm Ex isOst 15 201Z of the State of California that the foregoing paragraph is
true and correct.
WITNESS m 'eai.
Signatur
Place Notary Seal Above Signature of Notary Public
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.
Description of Attached Document
Title or Type of Docum t:
Document Date: N er of Pages:
Signer(s) Other Than Named A ve:
Capacity(ies) Claimed by Sig
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s): _
❑ Partner ❑ Limited ❑ General
71 Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Individual
Corporate Officer — Title(s):
'Fzrtner — ❑ Limited ❑ General
❑ Atto in Fact
of thump here
❑ Trustee
❑ Guardian or
Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
thumbTop of ere
02007 National Notary Association - 9350 De Soto Ave., 12402 -Chatsworth, CA 91313-2402-www.NationalNotary.org Item a5907 Reorder: Call T61-R e 1-800-876-6827
EXHIBIT "A'$
LEGAL DESCRIPTION
LANDS OF VILLA SERRA APARTMENTS
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, BEING A PUBLIC EASEMENT FOR STORM DRAINAGE PURPOSES
OVER A PORTION OF PARCEL B AS SHOWN ON THAT RECORD OF SURVEY RECORDED
MARCH 4, 1969 IN BOOK 249 OF MAPS AT PAGE 51, AND OVER A PORTION OF PARCEL SIX
OF LANDS GRANTED TO THE CITY OF CUPERTINO PER .DEED AND BILL OF SALE
RECORDED MARCH 1, 1960 IN BOOK 4713 OF OFFICIAL RECORDS, PAGES 506 THROUGH
519, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B;
THENCE FROM SAID POINT OF BEGINNING, NORTHERLY ALONG THE EAST RIGHT-OF-
WAY OF STELLING ROAD, AS SHOWN ON SAID RECORD OF SURVEY, NORTH 00°02'27°
EAST, A DISTANCE OF 454.18 FEET TO THE NORTHWEST CORNER OF THE WESTERLY
PORTION OF SAID PARCEL B;
THENCE LEAVING SAID EAST RIGHT OF WAY, ALONG THE NORTHERLY LINE OF THE
WESTERLY PORTION OF SAID PARCEL B, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 69057'33" EAST,'A DISTANCE OF 25.00 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 112.00 FEET;
NORTH 44047'06" EAST, A DISTANCE OF 25.73 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 297.37 FEET;
SOUTH 89056'58" EAST, A DISTANCE OF 245.01 FEET TO THE SOUTHERLY TERMINUS OF
THE WESTERLY LINE OF THE EASTERLY PORTION OF SAID PARCEL B;
THENCE ALONG SAID WESTERLY LINE, NORTH 00°13'08" WEST, A DISTANCE OF 452,18
FEET;
THENCE LEAVING SAID WESTERLY LINE, NORTH 89°48'00" EAST, A DISTANCE OF 28.20
FEET;
THENCE NORTH 00°12'00" WEST, A DISTANCE OF 74.18 FEET TO THE SOUTH RIGHT-OF-
WAY OF HOMESTEAD ROAD, AS SHOWN ON SAID RECORD OF SURVEY;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89°470T EAST, A DISTANCE OF
454.75 FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY, SOUTH, A DISTANCE OF 61.83 FEET;
THENCE EAST, A DISTANCE OF 16.00 FEET;
THENCE SOUTH, A DISTANCE OF 251.97 FEET;
THENCE EAST, A DISTANCE OF 113.75 FEET TO A POINT ON THE EAST LINE OF SAID
PARCEL B, SAID POINT LYING SOUTH 00°02'05" EAST 356.29 FEET ALONG SAID EAST LINE,
AND ITS NORTHERLY PROLONGATION FROM A FOUND BRASS PIN MONUMENT SET ON
THE CENTERLINE OF SAID HOMESTEAD ROAD, AS SHOWN ON SAID RECORD OF
SURVEY;
THENCE ALONG SAID EAST LINE OF SAID PARCEL B, SOUTH 00002'05" EAST, A DISTANCE
OF 674.35 FEET, TO THE SOUTHEAST CORNER THEREOF;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL B, SOUTH 87°49'13" WEST, A
DISTANCE OF 90.71 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID SOUTHERLY LINE OF SAID PARCEL B, SOUTH
89030'52" WEST, A DISTANCE OF 1218.34 FEET TO THE POINT OF BEGINNING;
DESCRIBED LANDS CONTAINING AN AREA OF 893,522 SQUARE FEET, OR 20.51 ACRES,
MORE OR LESS;
THE BASIS OF BEARINGS DESCRIBED HEREON IS THE MONUMENTED CENTERLINE OF
SAID HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY AS "NORTH 89°47'00"
EAST;
REFERENCE IS HEREBY MADE TO PLAT OF DESCRIBED LANDS, AND THEREBY MADE A
PART HEREOF,
4
EXHIBIT "A"
LEGAL DESCRIPTION
LANDS OF THE GROVE
REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, BEING ALL OF THAT CERTAIN GRANT DEED TO VS 11, L. P„ A
CALIFORNIA LIMITED PARTNERSHIP, RECORDED MAY 16, 2002 IN DOCUMENT NO,
16267440 OF OFFICIAL RECORDS, AND ALSO BEING A PORTION OF PARCEL B AS SHOWN
ON THAT RECORD OF SURVEY RECORDED MARCH 4, 1959 IN BOOK 249 OF MAPS AT
PAGE 51, SANTA CLARA COUNTY RECORDS, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL B PER SAID RECORD OF
SURVEY;
THENCE FROM SAID POINT OF COMMENCEMENT, NORTHERLY ALONG THE EAST RIGHT-
OF-WAY OF STELLING ROAD, AS SHOWN ON SAID RECORD OF SURVEY, NORTH 00°02'27"
EAST A DISTANCE OF 454.18 FEET TO THE NORTHWEST CORNER OF THE WESTERLY
PORTION OF SAID PARCEL B;
THENCE LEAVING SAID EAST RIGHT-OF-WAY, ALONG THE NORTHERLY LINE OF THE
WESTERLY PORTION OF SAID PARCEL B, THE FOLLOWING COURSES AND DISTANCES:
SOUTH 89057'33" EAST, A DISTANCE OF 25.00 FEET;
NORTH 89047'06" EAST, A DISTANCE OF 112.00 FEET;
NORTH 44047'06" EAST, A DISTANCE OF 25.73 FEET;
NORTH 89°47'06" EAST, A DISTANCE OF 297,37 FEET TO THE SOUTHWEST CORNER OF
LANDS DESCRIBED IN SAID GRANT DEED, SAID POINT ALSO BEING THE SOUTHEAST
CORNER OF PARCEL A PER SAID RECORD OF SURVEY, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG THE WEST LINE OF SAID GRANT DEED, BEING THE EAST LINE OF SAID
PARCEL A PER SAID RECORD OF SURVEY, ALSO BEING THE EAST LINE OF PARCELS 1, 2
AND 3 OF THAT CERTAIN PARCEL MAP RECORDED APRIL 23, 1969 IN BOOK 252 OF MAPS AT
PAGE 24, SANTA CLARA COUNTY RECORDS, NORTH 00°13'13" WEST, A DISTANCE OF
522.21 FEET TO THE SOUTH RIGHT-OF-WAY OF HOMESTEAD ROAD, AS SHOWN ON SAID
RECORD OF SURVEY;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89°47'00" EAST, A DISTANCE OF
230.02 FEETTO AN ANGLE POINTTHEREIN;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 00°13'08" WEST, A
DISTANCE OF 3.00 FEET TO AN ANGLE POINT THEREIN;
THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY, NORTH 89047'00" EAST, A
DISTANCE OF 43.22 FEET;
THENCE LEAVING SAID SOUTH RIGHT-OF-WAY, SOUTH 00°12'00" EAST, A DISTANCE OF
74.18 FEET;
THENCE SOUTH 89048'00" WEST, A DISTANCE OF 28.20 FEET TO THE EAST LINE OF LANDS
DESCRIBED IN SAID GRANT DEED, BEING THE WESTERLY LINE OF THE EASTERLY PORTION
OF SAID PARCEL B PER SAID RECORD OF SURVEY;
THENCE ALONG SAID LINE, SOUTH 00013'08" EAST, A DISTANCE OF 452.18 FEET TO THE
SOUTHERLY TERMINUS THEREOF;
THENCE ALONG THE SOUTH LINE OF SAID GRANT DEED, AND THE NORTH LINE OF THE
WESTERLY PORTION OF SAID PARCEL B PER SAID RECORD OF SURVEY, NORTH
89056'58" WEST, A DISTANCE OF 245.01 FEET TO THE TRUE POINT OF BEGINNING;
DESCRIBED LANDS CONTAINING AN AREA OF 130,225 SQUARE FEET, OR 2.99 ACRES,
MORE OR LESS;
THE BASIS OF BEARINGS DESCRIBED HEREON IS THE MONUMENTED CENTERLINE OF
SAID HOMESTEAD ROAD AS SHOWN ON SAID RECORD OF SURVEY AS 'NORTH 89'47'00"
EAST;
REFERENCE IS HEREBY MADE TO PLAT OF DESCRIBED LANDS, AND THEREBY MADE A
PART HEREOF.
LEGEND: GRAPHIC SCALE
ALL DISTANCES AND DIMENSIONS ARE IN FEET AND (S4
0 200
DECIMALS THEREOF.
— — PROPERTY LINES AFTER ADJUSTMENT ND%`' 1 inch = 200 ft.
- - PARCEL LINES
— - — - - — - — STREET CENTERLINE
-_--_------- TIE LINE
o FOUND CITY MONUMENT
I ! EXISTING BUILDINC FOOTPRINT
POC POINT OF COMMENCEMENT
CO
POB POINT OF BEGINNING
od
HOMESTEAD ROAD (PUBLIC ROW)
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-
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N89147100'E
4322
(BASIS OF BEARINGS 249 Id 51) S0000'00'W
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57
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