CC Resolution No. 06-197
RESOLUTION NO. 06-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMW A TER MANAGEMENT FACILITY
EASEMENT AGREEMENT WITH PAUL E. WEISS AND BARBARA H. WEISS, AS
TRUSTEES OF THE WEISS F AMIL Y TRUST, DATED DECEMBER 13, 1982,
MARK BENNETT WEISS, LINDA WEISS LIPINSKI, AND RICHARD ALAN WEISS,
20955 STEVENS CREEK BOULEVARD #A (WHOLE FOODS MARKET),
APN 316-31-018 AND 316-31-020
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner, Paul E.
Weiss and Barbara H. Weiss, as Trustees of the Weiss Family Trust, dated December 13, 1982,
Mark Bennett Weiss, Linda Weiss Lipinski, and Richard Alan Weiss, 20955 Stevens Creek
Boulevard #A (Whole Foods Market), 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 6th day of December 2006, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
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City Clerk ,j"' , .
APPROVED:
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M51Yor, City ofCupert' 0
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ATTEST:
RECORDED AT THE REQUEST OF
and
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WHEN RECORDED RETURN TO:
SPACE ABOVE FOR RECORDERS USE ONLY
STORMW ATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel # 326-31-018; 326-31-020
THIS STORMW A TER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement")
is made and entered into this 1st day of August, 2006, by Paul E. Weiss and Barbara H. Weiss, as
Trustees ofthe Weiss Family Trust, dated December 13, 1982, Mark Bennett Weiss, Linda Weiss
Lipinski, and Richard Alan Weiss, (hereinafter referred to as "GRANTOR") and the City of
, Cupertino ("CITY").
The GRANTOR does hereby grant and convey to the CITY, a Stonnwater Facility Management
Easement, as described in 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 ("PROPER TV"), as described in
Exhibit "A" of this Agreement.
B. The developer ofthe property is required to install, operate, and maintain stonnwater
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 January 31, 2006, which plans and any amendments thereto, are on
file with the Public Wodes Department of the City of Cupertino, attorneys' fees, arbitration
fees or costs and court costs, arising out of or related to the use of the easement described
herein, 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 and/or intentional acts of any of the CITY'S employees, agents, representatives,
contractors, vendors, or consultants.
C. Attornevs' Fees: In the event that any party institutes legal action of 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 costs, expenses and damages.
D. 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.
E. Entire Agreement: This Agreement constitutes the entire agreement of the parties with
respect to the subject mater 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.
F. Serverabilitv: In the event any part or provision ofthe 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.
G. No Waiver: The waiver of an covenant contained herein shall not be deemed to be a
continuing waiver of the same or any other covenant contained herein.
H. Amendment: This Agreemement 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
event 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 year first above written.
(GRA~T^ R) .1-:, -, "-
By:" 2ia;M7}J
Paul . Weiss
By: ~k-
A~bara H. Weiss
By: ( lI~1cN11Z f) " ~ / ~
BY:~
./ Linda Weiss Lipinski
BY:~~
Richard Alan Weiss
(Notary acknowledgement to be attached)
CITY OF CUPERTINO
By:
Name:
Title:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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Place Notary Seal Above
WITN ESS my hand and official seal.
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Signature of Notary Public
OPTIONAL
Description of Attached ~ment .
Title or Type of Document:.s / .... OJV' VV '^ \"'":'1\,
Though the information below is not required by law, it may prove valuable to persons relying on the document
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On ,20_, before me, , personally
appeared , personally known to me or proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to be within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
[SEAL]
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows.
PARCEL ONE:
A portion of the West Y2 of the Southwest lf4 ofthe Northwest lf4 of Section 13, Township 7 South,
Range 2 West, Mount Diablo Base and Meridian, described as fol1ows:
BEGINNING At a nail set in the Westerly line of said Section 13, distant thereon North 185.00 feet
from an iron bar at the Southwesterly comer of said Northwest lf4 of Section 13; thence along said
Westerly line of Section 13, North 59.32 feet at a nail at the intersection thereof with the Westerly
prolongation of the Southerly line of the certain parcel of land conveyed to Evelyn Marie Maderis, et
vir, by Deed recorded in Book 2623 of Official records, page 65, Santa Clara County Records; thence
along said prolongation and said Southerly line, East 128.00 feet to an iron pipe at the Southeasterly
comer thereof; thence along the Easterly line oflands so conveyed to Maderis, North 90.00 feet to an
iron pipe at the Northeasterly comer thereof, thence along the Northerly line of said lands so conveyed
to Maderis and the Westerly prolongation thereof, West 128.00 feet to a nail in said Westerly line of
Section 13; thence along said Westerly line of Section 13, North 114.48 feet to a nail at the intersection
thereof with the Westerly prolongation of the Southerly line of the certain parcel ofland conveyed to
Assembly of God of Monta Vista, Cupertino, California, a corporation, by deed recorded in Book 3583
of Official records, page 207, Santa Clara County Records; thence along said prolongation and said
Southerly line of said lands so conveyed to said Assembly of God, East 662.40 feet to an iron pipe at the
Southeasterly corner thereof in the Easterly line of the West Y2 of the Southwest lf4 of said Northwest lf4
of Section 13; thence along last mentioned line, South 0001' 50" East 447.55 feet to a point in the
Southerly of said Northwest lf4 of Section 13; thence along last mentioned line (being also the original
center line of Stevens Creek Boulevard) South 89050' 30" West 475.64 feet to the Southeasterly comer
of Parcel 2 as described in the Deed to Western Title Guaranty Company, Santa Clara County division, a
corporation, recorded in Book 4728 of Official Records, page 498, Santa Clara County Records; thence
along the Easterly line of said Parcel 2 and the Easterly line of Parcell as described in the last
mentioned deed, North 185.00 feet to an iron pipe at the Northeasterly comer of said Parcell; thence
along the Northerly line of said Parcel I and the westerly prolongation thereof; South 89053' 30" West
187.00 feet to the POINT OF BEGINNING. CONTAINING 5.758 acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip ofland fifteen (15) feet in width, measured at right angles, a portion ofthat certain parcel
of land described in the deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records of
Santa Clara County at page 274, et seq., more particularly described as follows:
BEGINNING at the intersection of the Easterly line of the above- referenced parcel with the existing
line of Stevens Creek Boulevard at 30.00 feet from the original centerline thereof; and running thence
along said line of Stevens Creek Boulevard South 89053'30" West 475.64 feet; thence due North 15.00
feet to the intersection with a line drawn parallel to and distant Northerly at right angles 45.00 feet from
said original centerline of Stevens Creek Boulevard;
thence along said parallel line North 89053' 30" East 475.64 feet; thence South 0001' 50" East 15.00
feet to the point of beginning and containing 0.164 acres ofland, more or less.
ALSO EXCEPTING THEREFROM the following described parcel of land:
BEING a strip ofland 25 feet in width, measured at right angles, a portion of that certain parcel ofland
described in the Deed ofChaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING AT A POINT in the Easterly line of Ste11ing Road at 40 feet in width, distant thereon due
North 185.00 feet and due East 12.00 feet from the Southwestern comer of the Northwest Y4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; running thence along said line
of Stelling Road due North 59.32 feet; thence due East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest Y4 of Section 13; thence along said parallel line due South 59.32 feet; thence due West 25.00
feet to the point of beginning and containing 0.034 acres of land, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip ofland 25 feet in width, measured at right angles, a portion of that certain parcel ofland
described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet in width, distant thereon due
North 334.32 feet due East 12.00 feet from the Southwestern comer of the Northwest Y4 of Section 13,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along said line ofSte11ing
Road due North 114.48 feet; thence due East 25.00 feet to the intersection with a line drawn parallel to
and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned Northwest Y4
of Seetion 13; thence along said parallel line due South 114.48 feet; thence due west 25.00 feet to the
POINT OF BEGINNING and containing 0.066 acres of land, more or less.
PARCEL TWO:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet wide, distant thereon 378.48
feet South of the point of intersection of said line of Stelling Road, with the Westerly prolongation of
Southerly line of Tract No. 936, the Map of which was filed for record May 12, 1952 in Book 36 of
Maps, page 52, Santa Clara County Records; thence along said line of Stelling Road, South 90.00 feet;
thence leaving said line at right angles East 116.00 feet to an iron pipe; thence at right angles North and
parallel with said line of Stelling Road, 90.00 feet to an iron pipe; thence at right angles West 116.00
feet to the point of beginning and being a portion of the Northwest Y4 of Section 13, Township 7 South
Range 2 West, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM the following described parcel of land:
BEING a strip ofland 25 feet in width, measured at right angles, a portion of that certain parcel ofland,
described in the Deed to Lansford, recorded in Book 6834 of Official Records of Santa Clara County, at
page 22, et seq., more particularly described as follows:
BEGINNING at a point in the Easterly line of Stelling Road, at 40 feet in width, distant thereon due
North 244.32 feet and due East 12.00 feet from the Southwestern comer ofthe Northwest Y4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; and running thence along said
line of Stelling Road due North 90.00 feet; thence East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly 37.00 feet from the Westerly line of the aforementioned Northwest Y4 of
Section 13; thence along said parallel line South 90.00 feet; thence West 25.00 feet to the point of
beginning and containing 0.052 acres ofland, more or less.
EXCEPTING THEREFROM PARCELS ONE AND TWO the underground water or rights thereto,
with no right of surface entry, as granted to the City of Cupertino by instrument recorded
November 09, 1980 in Book K 752, page 274, Offical Records.
ARB No: 326-31-018,020
APNNo: 326-31-018; 326-31-020