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E-669 Stormwater Management Facility Easement Agreement, 10165 N De Anza Blvd, APN 326-34-057 RECORDING REQUESTED BY: DOCUMENT: 21584485 Pages: H City of Cupertino II 1111111 1111 1 11 111 111 11 Fees. + No Fees Taxes. . WHEN RECORDED, MAIL TO: Cop i es. . AMT PAID City Clerk's Office City of Cupertino REGINA ALCOMENDRAS RDE # 01 10300 Torre Avenue SANTA CLARA COUNTY RECORDER 3/16/2012 Recorded at the request of 10:36 AM Cupertino, CA 95014-3255 C i t y (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 10165 N De Anza Boulevard APN 326-34-057 Infinite Loop Hotel, LLC, a California Limited Company ICJ Original 0 For Fast Endorsement RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT APN 326-34-057 10165 N De Anza Boulevard,Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this 10 day of Ncv€M$FK, 2011 , by Infinite Loop Hotel, LLC, A California Limited Liability Company, (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 Cunningham Engineering Corp.and dated July 7, 2011, which plans and any amendments thereto, are on file with the Public Works Department FINAL -1- 10/21/03 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 Agree:rent. 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) INFINITE LOOP HOTEL, LLC, a California limited liability company By: Infinite Loop Holding, LLC a California limited liability company Its Manager By: Shashi Investment, LLC a California limited liability company Its Manager ■ By: A Name: Dipesh Gupta Title: Manager (Notary acknowledgment to be attached) CITY OF CUPERTINO By: Name: t f Title:-D(cec`t-v WG✓te_5 FINAL -4- 10/21/03 LEGAL DESCRIPTION EXHIBIT HA" ThIE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Parcel 1,as shown on that certain map entitled,"Parcel Map"which map was fled for record in the Office of the Recorder of the County of Santa Clara,State of California,on May 25,1973 in Book 323 of Maps at page 48. APN:326-34-057 EXHIBIT "B" SHEET 1 OF 2 STORMWATER MANAGEMENT FACILITY EASEMENT DESCRIPTION All that real property situated in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel 1 as shown on that certain map entitled "Parcel Map" filed for record in the Office of the Recorder of Santa Clara, State of California, on may 25, 1973 in Book 323 of Maps at Page 48, being more particularly described as follows: All of Parcel 1 excepting therefrom the following described area: Commencing at the Northwest corner of said Parcel 1; thence South 44°51'00" East, 12.06 feet to the True Point of Beginning; Thence the following four(4) courses: 1) Thence North 89°56'55' East, 167.00 feet; 2) Thence South 00°03'05" East, 132.00 feet; 3) Thence South 89°56'55"West, 167.00 feet; 4) Thence North 00°03'05'West, 132.00 feet to the True Point of Beginning. Said easement contains 0.288 Ac, more or less. End of Easement Description Prepared by: Cunningham Engineering Corp. July, 2011 fEsso4, r oko 00 . ...i.. 1 a No.C30339 xp 3/31/12 �h Cjv .. ' _' OF CALF I • EXHIBIT B STORMWATER MANAGEMENT FACILITY EASEMENT PLAT ALL THAT REAL PROPERTY SITUATED IN THE CITY OF CUPERTINO,COUNTY OF SANTA CLARA,STATE OF CALIFORNIA,BEING A PORTION OF PARCEL 1 AS SHOWN ON THAT CERTAIN MAP ENTITLED"PARCEL MAP", FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA,CALIFORNIA, ON MAY 25,1973 IN BOOK 323 OF MAPS AT PAGE 48 CUNNINGHAM ENGINEERING JULY,2011 SCALE:1"=40' SHEET 2 OF 2 SHEETS 1 yy, tes No. C30339 i NA U�����y111 3/31/12 3 a POINT OF COMMENCEMENT EXISTING SIDEWALK EASEMENT PER INST. S44°51'00"E N0.4528426 12.06' N89°53'12"E 210.00' ` N89°56'55"E 167_00 TRUE POINT OF I e BEGINNING d N c+) O VI A ILI co In d I o STORMWATER in I Q u� o MANAGEMENT FACILITY ° o ui Z EASEMENT 0.288 AC.t S v°, P Z 8.50' 1 z (I----- S89°56'55'W 161.00' EXISTING SIDEWALK 25.00' _ EASEMENT PER INST., r-1`` _ NO.4528425 R=30.00' S89°56'55"W 180.'15' L=47.16 A=90°03'43" ALVES DRIVE APN. 326-34-057 v( re } CECWESLCOM 40 20 0 40• \.-,-n 2940 SWIM'Sttrreeett 212$020ThS�tre8t � y>„ ! " Davis,CA 99618 Sacramento,CA 95818 SCALE: 1 = 40' I ' 1530)758-2026 19161 455-2026 191.04 It CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of �avpi ����A, ' On 40'K /t4d �'I/ before me, ..._.klfT/ z- A ree-, Ater.9�Q A,44-46_ (Here insert name and title of the oGSeer) personally appeared ZiAl e '/./ G(�PT 4! who proved to me on the basis of satisfactory evidence to be the person(}whose naineX) is/a,p6 subscribed to Il the within instrument and acknowledged to me that he/O4e/th ' executed the same in his/l�r/tl r authorized capacity(i ), and that by hisrl}/r/thA signature( ion the instrument the person.(4, or the entity upon behalf of 3. which the person(9acted, executed the instrument. ill J1 3 ii ", I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph 5 is true and correct. IKI 3. - t,3v COMM. #1833519 c i:' C7 '�8fi NOTARY PUBLIC-CAL,FORNIA _ WITNESS my hand and offic se ' �" _ �,i,J/t SANTA CLARA COUNTY �' - My Carom. Expires!an.27,2013 I ' / Signature of Notary Public (Notary Seal) I ADDITIONAL OPTIONAL INFORMATION il', il 1111 INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as 11 3i DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment Om must be properly completed and attached to that document. The only exception is if a S if�� me document is to be recorded outside of California.In such instances,any alternative e j (Title or description of attached document) acknowledgment verbiage as may be primed on such a document so long as the verbiage does not require the noiary to do something that is illegal for a notary in 11 T California (i.e. certy5'6rg the authorized capacity of the signer). Please check the i :.1: L�l6Lt..T, is (Tit e ar description of attaches document continue ) document carefully for proper notarial wording and attach this formr if required. 11, Number of PaTes ( DOCW71ent Date •/ �p �� • State and County information must be the State and County where the document �l f signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which I !I must also be the same date the acknowledgment is completed. I (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). • Print the name(s) of document signer(s) who personally appear at the time of P 1 notarization. ii CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/she/Awry:-is-axe)or circling the correct forms.Failure to correctly indicate this il information may lead to rejection of document recording. g Corporate Officer • The notary seal impression must be clear and photographically reproducible. 1 .A104/4/4 . _ Impression must not cover text or lines. If seal impression smudges,re-seal if a (Tide) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must[Hatch the signature on file with the office of the county clerk. I ❑ 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. . Indicate the capacity claimed by the signer.If the claimed capacity is a li corporate officer,indicate the title(i.e.CEO,CFO,Secretary). ( • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 8800-873-9855 www.NotaiyClasscs.com I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C,:,-„:v--,:v-:,,,-`,:v-v-•..,-..,:-•P' v-,-♦-`y--iv-sr; .r-•—.,-"sr:.,:V',:,:v-,:sr-•r ,-,-'%:''r-'iv-,-••r:,-,,,s.a ki State of California County of S \ 1_ N i l On J&A. e Al �. before me, `tC _ 1 C: >1 1 Ab , Here Insert Nametle of the Officer a) — - rifiJoil,c, y personally appeared \ ( Yl-�nw _ ' t Name(s)of Signer(s) l 9 tr who proved to me on the basis of satisfactory ?, t evidence to be the person( whose name) is/4re subscribed to the within instrument and acknowledged h t �, GRACE SCHMIDT to me that he/sp(e/tpey executed the same in h Commission 11t 1923164 t Z his/h,ir/t�(eir authorized capacity(i ), and that by ( i "'1 Notary Public-California ; jr > his/hi/t e)r signature( on the instrument the Santa Clara County q M Comm.Ex Tres Feb 21,2015+ person( or the entity upon behalf of which the person(§e) acted, executed the instrument. i t I certify under PENALTY OF PERJURY under the A t laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ( k C Signature: GOOLCA_ 1MA ti Place Notary Seal Above Signature of Notary Public a ( OPTIONAL 9 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. ? r Description of Attached Document 10/L, S iU, Riz '�"'y&_. F31 • 491-14,01-' Title or Type of Document: �� ��1�� tDocument Date: MTV. 7 0� o O I( / Number of Pages: 9• Signer(s) Other Than Named Above: i (J..S1- i51” Capacity(ies) Claimed by Signer(s) h ll t Signer's Name: Signer's Name: S ( ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): 1 ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT HIUMBPRINT 9 3 OF SIGNER �S l9 ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited El General Top of thumb here q ❑ Attorney in Fact C1 Attorney in Fact h ❑ Trustee ❑Trustee t, ( ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: O t Signer Is Representing: Signer Is Representing: •1 t ly ,. l ,. ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-8766827) 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 Infinite Loop Hotel, LLC, a California Limited Liability Company and the City of Cupertino, a governmental agency is hereby accepted by the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: February 13, 2012 By: (443te'l Kirsten Squarcia City Clerk's Office