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E-666 Stormwater Management Facility Easement Agreement, 20730 Stevens Creek Blvd, APN 359-08-020
RECORDING REQUESTED BY: DOCUMENT: 21299371 Pages 14 11 11 1111 11111101 1111 Fees.... * No Fees Taxs City of Cupertino Copees . . WHEN RECORDED, MAIL TO: AMT P A I D City Clerk's Office REGINA ALCOMENDRAS RDE # 014 City of Cupertino SANTA CLARA COUNTY RECORDER 9/01/2011 10300 Torre Avenue Recorded at the request of 11 17 AM City 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 20730 Stevens Creek Boulevard APN 359 - -08 -020 Byer Properties, L.P. ' Original 0 For Fast Endorsement RESOLUTION NO. 11 -146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, BYER PROPERTIES, L.P., 20730 STEVENS CREEK BOULEVARD, APN 359 -08 -020 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easement agreement between the City of Cupertino and owner, Byer Properties, L.P, 20730 Stevens Creek Boulevard, APN 359 -08 -020, 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 16th day of August, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: • Kimberly Smith, ! ' Clerk Gilbert Wong, Mayor, City o.f Cupertino 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 #359 -08 -020 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ( "Agreement ") is made and entered into this a 1-11.ay of / , 20 1/ , by Byer Properties, L.P., a California limited partnership, (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 Stormwater Management Plan prepared by Allied Engineering Company, and dated 6/30/2011 , 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 properly 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: G J 14 ---- Name: L. F3 t L- Title: (, {'L< xf , O-' . '� � . c..:�ay � -r L ; (Notary Acknow�nt to be attached) CITY OF CUPERTINO B /G✓�/1 Name: 6/41 / , -✓r / dd Title: /vl A 7 r" _ FINAL -4- 10/21/03 • LEGAL DESCRIPTION • EXHIBIT' "A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE C1TY OF CUPERT INO, COUNTY OF SANTA • CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL OF PARCEL A as shown upon that certain Map entitled, "Record of Survey for Mr. Warner H. Wilson being a portion of the North 1/2 of the Southwest 1/4 of Section 13, T7S, R2W, M.D.B. & M., Cupertino, California ", Recorded May 24, 1968 in Book 238 of Maps, at Page 3. EXCEPTING THEREFROM all those certain water rights conveyed by Pauline W. Woodruff, et al to California • Water Service company, a Corporation, by Deed Recorded May 10, 1968 in Book 8119 Official Records, Page 208. ALSO EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as granted to the City of Cupertino Recorded in February 26, 1970 in Book 8839 of Official Records, Page 594. APN: 359 -08 -020 • • • • • File No. 1011 June 30, 2011 EXHIBIT "B" STORMWATER MANAGEMENT FACILITY EASEMENT CUPERTINO CROSSROADS SHOPPING CENTER LANDS OF BYER PROPERTIES, L.P. Being all that real property situate in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being a portion of Parcel A, as shown upon that certain map entitled "Record of Survey for Mr. Warner H. Wilson, being a portion of the North 1/2 of the Southwest 1/4 of Section 13, T7S, R2W, M.D.B. &M., Cupertino, California ", recorded May 24, 1968, in Book 238 of Maps at Page 3, and a portion of Parcel One as described in the grant deed from Alan G. Byer and Marian Byer to Byer Properties, L.P., recorded February 2, 1996, in Book P190, Official Records at Page 1632, Santa Clara County Records, more particularly described as follows: Beginning at the southwesterly corner of said Parcel A; thence proceeding from said Point of Beginning, northerly along the westerly line of said Parcel A, N 00 °00 '35" W, 224.63 feet to the common corner of Parcels A, C and D as shown on said Record of Survey; thence easterly along the common property line of Parcels A, B and C as shown on said Record of Survey and the easterly prolongation thereof, N 89 °57 '15" E, 379.82 feet; thence northerly, N 00 °02 '45" W, 185.00 feet to the intersection with the northerly line of said Parcel A, said northerly also being the southerly right of way of Stevens Creek Boulevard; thence easterly along said southerly right of way line, N 89 °57 '15" E, 457.78 feet; thence leaving said right of way line, the following bearings and distances: (1) S 00 °02'45" E, 148.61 feet; (2) S 89 °57 '15" W, 435.70 feet; (3) S 00 °02'45" E, 259.16 feet; (4) N 89 °57 '15" E, 489.04 feet; (5) N 00 °02 '45" W, 41.49 feet; (6) N 89 °57 '15" E, 72.42 feet; (7) S 00 °02'45" E, 39.58 feet; (8) N 89 °57 '15" E, 88.93 feet; (9) N 00 °02 '45" W, 16.71 feet; (10) N 89 °57 '15" E, 138.55 feet to the intersection with easterly line of said Parcel One; thence southerly along said easterly line of Parcel One, S 00 °02'45" E, 39.38 feet to the southeasterly corner of said Parcel One; thence westerly along the general southerly line of said Parcel One and said Parcel A, S 89 °44'25" W, 901.02 feet a property corner of said Parcel A; thence continuing along said general southerly line of Parcel A, northerly, N 00 °02'45" W, 22.29 feet to a property corner in said general southerly line; thence continuing westerly along said general southerly line of Parcel A, S 89 °56'55" W, 289.97 feet to the Point of Beginning of this description. Containing 4.24 acres of land, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyor's Act. ESSI0 Signature /mil ! c Lester Ikegami, R 30,520 y v Expires 3-31-12 E Date 3 / N 00' 00' 35" W .. 185.00' BARBARA LANE * 1 N 00 00 35" W m ' A'R. 77 05 25 j \ 22462' , ,� 3 3 I 0, 2 N$ , ,, 1W m J 1 " ! ^ SCALE: 1" = 200" 2 asa oo-oze BONNY DRIVE > I L 1 3 1 R50-701 a 1 1 • AP* 3 - 06-005 O b, 01 N 1 SNCH� w % WAY r 1� PARCEL 6 // ' ; I � R 17l � . N / E N,' D2'45 "W I 1, !I - WESTERN DRIVE 22.2s' _ :, ii J ,,: ' W LEGEND • r� �& STORMWATER ,. m . j 1 z MANAGEMENT R/9 2J6 -Y -S � ` ` 71 FACILITY EASEMENT AEM, ` NOTE: SEE SHEET u ,, iz,:iis - 2 FOR DETAIL OF I � EASEMENT o L . 1::::%-.41't":1 l N ■ m o 1- cn N L• :1111111-1— I� I BANDLEY 1 11 O DRIVE Q �° .; 0 —:; � .:. QROFESS /OA� Li ' 5 r .z., ,,,,. .. , , , 0 ' 3 F _' No 30521 Allik _ 2 rn P , .._ - Qk r .d °b_.. * Exp.3 -31 -2012 - s 02 45 E EL ' ` CIVIL j v� O F CAO' J \ ALLIED ENGINEERING COMPANY EXHIBIT B DATE: 6/30/11 A DIVISION OF IK -GM CONSULTING ENGINEERS, INC. CONSULTING CIVIL ENGINEERS, S fORMWATER MANAGEMENT DWG BY: SY SURVEYORS AND LAND PLANNERS 3170 WIWAMS ROAD SAN JOSE, CA 95117 FACILITY EASEMENT CHK: U (408) 241 -1960 _ SHEET 1 OF 2 CUPERTINO, CALIFORNIA JOB NO.: 1011 / ' i LEGEND ANN: 3�- 06-043 j ' STORMWATER ,P,, 33027 MANAGEMENT 1 o�"r j PAo j FACILITY EASEMENT Z ~ ;' N 00' 00' 35 W 224.8:' A'µ 330-08 -020 BONNY O �< � N i 14 � PARCEL C I • h APR. 350 1 I CeNI W CO $AIC.N 4 ' i WAY • 4 CR • v ii i PARCEL e ;, MN: 33¢oe o00 1 3 CO i t • 02' 45 w z jam:_ YIESiERId DRIVE 22 29' u, / i APR: 338 - 06-013 • N 00' 02' 45' W I 185.00' A. I SCALE: 1" = 200" ' S 00' 02' 45' E 259.16' 1 , R/8 436 - M - 3 I 1 c0 PARCEL A ° 1 I � APN: 3sa- oe-o4o � 1 1V 1 3 1 W i? 1_ I v, In n 1 h 1 CO 3 CO 1 2 N In N 1 m 03 • O CO k Z 1 2 OD N IA 1 1 N 00' 02' 45' W ,i 41.49' l". BA W I w S 00' 02 45 � E IT Y 148.81' j DRIVE c; kN m 03 ' W , 03 9.5 8 ' 4 E • QROFESS /04 \""�-I', 00' 02 45' W I I , . ) F,R AND,. i ! 16.71' m 1.+ i i 1: APN: 339-08 -0E 1 Z , • / „ Z .0 APN 330 e�oz, j —' No. 3052�� * Exp.3 -31 -2012 PARCEL • • ••• '....•• Z -. S ' 02' 45'E '3> CIVIL \� 39.38' 9JF � � OF CA��FO ALLIED ENGINEERING COMPANY EXHIBIT B DATE: 6/30/11 A DIVISION OF IK —GM CONSULTING ENGINEERS, INC. CONSULTING CIVIL ENGINEERS, DWG BY: SY SURVEYORS AND LAND PLANNERS S fORMWATER MANAGEMENT 3170 WIWAMS ROAD SAN JOSE, CA 95117 FACILITY EASEMENT CHK: U (408) 241 -1960 SHEET 2 OF 2 CUPERTINO CALIFORNIA JOB NO.: 1011 3 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT F State of California County of .-,... i/c'�i- .c c;S( " J i On L /, v� c D// befo me, T� � ,// cC J!�,� -mac � / Ho, r (Here insert name and title of the officer) / personally appeared ,/ 8 y , , i who proved to me on the basis of satisfactory evidence to be the persons whose name(0 is /ar bscribed to the within instrument and acknowledged to me that he/sheitluerexecuted the same in his/her/Their capacity(i@sj; and that by his /be it signature(sOn the instrument the persons or the entity upon behalf of which the persoriksriaed, 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. II • TODD MCCORMACK �. . CoMM.# 1885928 N WITNESS my hand and official seal. U t, NOTARY PU/UC•CAUFORNIA y �- . ? cm 8140110. rtnwTY a uw Fua caw i - _ _ MY ExP: OCr. 21, 2013' (Notary Seal) Sign7 IIIIIIIIIIIIP otary Public '' E i ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM t Any acknowledgment completed in California must contain verbiage exactly as ! DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment fonn must be ! p,•operly completed and attached to that document. The only exception is if a 6 `) i D74 4-th -`/ 'S ti _- �, document is to be recorded outside of California, In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (Le. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required • State and County information must be the State and County' where the document It Number of Pages Document Date a /// € • signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). r. • Print the name(s) of 'document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. ❑ Individual (s) he/she /they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Olcer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a (Title) sufficient area permits, otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney -in -Fact + Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document, number of pages and date, 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document _,` 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasses.com CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 cr z c rc•cs cze c c c c c c �.cAc.. c,c.e c. .,4v .,,.,c;(' a • • . • .. . :. —> r o- c:c mac, . c .; a State of California / ,. 1. County of 9h uTA C AKA I l % On At16-UST 23 f 2-ott before me, KkAs7C - -N RE-t EE 5QuARc(A NoTA&7 PJAI -I L, ) Date Here Insert Name and Title of the Officer n 9i personally appeared GR -e WOr of Signer(s) A who proved to me on the basis of satisfactory ; evidence to be the persort.(s) whose name,(s1 is are y subscribed to the within instrument and acknowledged P to me that (9she /they executed the same in hS his her /their authorized capacity9es), and that by hi iher /their signature,(} on the instrument the person(s), or the entity upon behalf of which the , person,(s) acted, executed the instrument. i I certify under PENALTY OF PERJURY under the - . KIRSTEN RENEE SOUARCIA la ws of the State of California that the foregoing ` Commission * 1906898 g g a;'�i Notary Public - California g paragraph is true and correct. V 1,9 Santa Clara County M Comm. Expires Oct 4. 2014 WITNESS my hand and official seal. i Signature k-P- Mee r V Place Notary Seal Above Signature of Notary P i s A OPTIONAL < Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevent fraudulent removal and reattachment of this form to another document. y� Description of Attached Document CouNTy APrt 359 - 08 -0 2c Title or Type of Document:5To fM W ATE2 MA NAG -MI=NT FiV41-1ey EAs - emENT AGRc - PMF,JT Document Date: J ULy 12 1 20 11 Number of Pages: V Signer(s) Other Than Named Above: At-ex B. CO Y 1=R >> Capacity(ies) Claimed by Signer(s) V Signer's Name: Signer's Name: >> ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): >> • ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT V OF SIGNER OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact S ❑ Trustee ❑ Trustee >> ❑ Guardian or Conservator ❑ Guardian or Conservator V ❑ Other: ❑ Other: VV Signer Is Representing: Signer Is Representing: V • y h� © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1-800-K6-6827) Item #5907 "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 easement agreement with Byer Properties, L.P. and the City of Cupertino, a governmental agency is hereby accepted by the City of Cupertino on August 16 2011, and the grantee consents to recordation thereof by its duly authorized officer. Dated: August 22, 2011 By: -- �` — ti Kirsten Squarcia City Clerk's Office