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08-080 Stormwater management facilities operation and maintenance agrmt.RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 I~IW~~~1~1M~~1~'MNN~N~ Pages 10 Fees.... ~ No Fees Taxes... Copies. AMT PA[D REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 003 6/27/2008 216 PM NO FEE /N ACCORDANCE WITH GOV. CODE 6103 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT APN # 316-09-029 Original O For Fast Endorsement RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 6103 IWIMI~I~YII~I~IdYIfl~I~WlI~~ ; ;=:. '° `-- REGINA ALCOMENDRAS RDE is 008 S<~NTA CLARA COUNTY RECORDER 2/12/2009 Recorded at the request of 10 31 AM City (SPACE ABOVE THIS LINE FOR RECORDER'S USE) CERTIFICATE OF COMPLETION AP1D NOTICE OF ACCEPTA:~TCE OF COIVII'LETION TANTAU INVESTMENTS LLC 10900 TANTAU AVENUE APN 31ti-09-029 o~~ r, , ,} 7 .. t> , ~. i v O Original ast Endorsement City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 (408) 777-3354 CUPERTINO PUBLIC WORKS DEPARTMENT CERTIFICATE OF COMPLETION AND NOTICE OF ACCEPTANCE OF COMPLETION NOTICE IS HEREBY GIVEN THAT I, Ralph A. Qualls, Jr., Director of Public Works and City Engineer of the City of Cupertino, California, do hereby certify that certain municipal improvements in conjunction with the following project: TANTAU INVESTMENTS LLC 10900 TANTAU AVENUE APN 316-09-029 have been completed in accordance with the a~~proved improvement plans and acceptance of completion was ordered by the City Council on February 3, 2009. Director of Public Works and City Engineer of the City of Cupertino Date: February 4, 2009 "NO FEE" VERIFI/~ATION I have reviewed this Certificate of Completion and Notice of Acceptance of Completion. To the best of my knowledge, the information contained herein is true and complete. I verify under penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on the 4`h day of February 2009 at Cupertino, California. _ ~- ~~ ~~~~~ ~ Julia 'nst City Clerk's Office City of Cupertino RECORDED AT THE REQUEST OF and WHEN RECORDED RETURN TO: SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT County Assessor's Parcel # 316-09-029 THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("AGREEMENT") is made and entered into thiso'~~ay of U ~ , 20~~, by Tantau Investments, LLC, a California limited liabilit~pany, (hereinafter referred to as "COVENANTOR") and the City of Cupertino ("CITY"). RECITALS: This AGREEMENT is made and entered into with reference to the following facts: A. The CITY is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the CITY's Stormwater Pollution Prevention and Watercourse Protection Ordinance, effective October 15, 2003 (the "ORDINANCE"). B. The COVENANTOR is the owner of a certain tract or parcel of land more particularly described in Exhibit "A" attached hereto (the "PROPERTY"). C. The COVENANTOR desires to construct certain improvements on the PROPERTY that may alter existing stormwater conditions on both the PROPERTY and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the COVENANTOR is required by the CITY to build and maintain, at COVENANTOR's expense, stormwater management facilities ("FACILITIES"), more particularly described and shown in the Stormwater Management Plan prepared by FINAL -1- 11 /25/03 Ruggeri-Jensen-Azar and dated ,which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this AGREEMENT. NOW, THEREFORE, in consideration of the benefit received and to be received by the COVENANTOR, its successors and assigns, as a result of the CITY'S approval of the Stormwater Management Plan, the COVENANTOR, hereby covenants and agrees with the CITY 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" ("PROPERTY") 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. Responsibility for Installation, Operation and Maintenance: At their sole expense, the COVENANTOR, its successors and assigns, shall construct, operate and perpetually maintain the FACILITIES in strict accordance with the Stormwater Managemet Plan and any amendments thereto that have been approved by the CITY or the ORDINANCE. Facility Modifications: At their sole expense, the COVENANTOR, its successors and assigns, shall make such changes or modifications to the FACILITIES as maybe determined as reasonably necessary by the CITY to ensure that the FACILITIES are properly maintained and continue to operate as originally designed and approved. Any changes or modifications maybe made only with prior written authorization by the CITY. 4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as provided in the ORDINANCE and the Stormwater Facilities Easement Agreement applicable to the FACILITIES, the CITY ,its agents, employees and contractors, shall have the right of ingress and egress to the FACILITIES and the right to inspect the FACILITIES in order to ensure that the FACILITIES are being properly maintained, are continuing to perform in an adequate manner and are in compliance with the FINAL -2- 11 /25/03 ORDINANCE, the Stormwater Management Plan and any amendments thereto approved by the City. Failure to Perform Required Facility Repairs or Modifications: Should either the COVENANTOR or its successors and assigns fail to correct any defects in the FACILITIES in accordance with the approved design standards and/or the Stormwater Management Plan and in accordance with the law and applicable regulations of the ORDINANCE within the time specified in a written notice from the CITY, the CITY shall have the right, under the Stormwater Management Easement Agreement for the subject property, to enter the PROPERTY to perform remedial work, for which the CITY will collect reimbursement for such work from COVENANTOR. In addition, the CITY may pursue other such remedies as provided bylaw, including, but not limited to, such civil and criminal remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the ORDINANCE. 6. Indemnity: The COVENANTOR, its successors and assigns, 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 attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the COVENANTORS, its successors' and/or assigns' construction, operation or maintenance of the FACILITIES 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. 7. Obligations and Responsibilities of COVENANTOR: Initially, the COVENANTOR is solely responsible for the performance of the obligations required hereunder and, to the extent permitted under applicable law, the payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this AGREEMENT. Notwithstanding any provisions of this AGREEMENT to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party (the "Transferee"), the COVENANTOR shall be released of all of its obligations and responsibilities under this AGREEMENT accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the PROPERTY included in such Transfer, but such release shall be expressly conditioned upon the Transferee assuming such obligations and responsibilities by recorded written agreement for the benefit of the CITY. Such written agreement maybe included in the Transfer deed or instrument, provided that the Transferee joins in the execution of such deed or instrument. A certified copy of such deed, instrument or agreement shall be provided to the CITY. The provisions of the preceding three sentences shall be applicable to the original COVENANTOR and any successor Transferee who has assumed the obligations and responsibilities of the COVENANTOR under this AGREEMENT as provided above. FINAL -3- 11 /25/03 8. ProRerty Transfer: Nothing herein shall be construed to prohibit a transfer by the COVENANTOR to subsequent owners and assigns. 9. 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. 10. 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. 11. 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 expresses herein. 12. 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. 13. 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. 14. Amendment: This AGREEMENT maybe 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. 15. In the event that the CITY shall determine at its sole discretion at any future time that the FACILITIES are no longer required, then at the written request of the COVENANTOR, its successors and/or assigns, the city shall execute a release of this AGREEMENT which the COVENANTOR, it successors and/or assigns, shall record in the Clerk's Office, at its/their expense. FINAL -4- 11/25/03 Executed the day and year first above written. (COVENAN~R) By: ~~"~- - Name: u~nGK~di TC~- ~; Title:~•~ ~,~ b~~, (Notary acknowl~grnent to be attached) CITY OF CUPERTINO /, ~ 1 Name: l'1 S Title: r` a (' FINAL -5- 11/25/03 EXHIBIT "A" That certain land located in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174 acre parcel; thence S. 00°12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence N. 0°12'36" E., along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N. 89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of beginning. PARCEL TWO A portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0°12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre parcel; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence S. 0°12'36" W., along said Easterly line, 425.21 feet to the Northerly tentinus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05" W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof; thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said Tract No. 1867, 181.83 feet to the Easterly line of Tantau Avenue; thence along the Easterly line of Tantau Avenue, Northerly along anon-tangent curve having a radius of 637.5 feet, concave Westerly, whose radius bears, N. 83°52'46" W., through an angle of 5°54'38" an arc length of 65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning. PARCEL THREE A portion of the Quito Rancho, and also being a portion of the 7.90 acre parcel of land described in the Final Order of Condemnation, dated December 17, 1959, a certified copy of which was recorded January 8, 1960, Book 4659 official Records, Page 613, Santa Clara County Records, and described as follows: BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of said 7.90 acre parcel; thence S. 00°12'36" W., along the Easterly line of said 7.174 acre parcel and Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence N. 89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0°12'36" E., parallel with the Easterly line of said 7.174 acre parcel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'05" W., along said Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. ~o p~ LANp sG9 _ ,, y ANDREW S. G~< ~ ~t a cNA~ ~ - Andrew era-BLS 8005 Dat ~ * Expires 12/31/2008 * Exp.72.3t~09 ;`~ \\ OF CA~- AQ~NOWLEDGMENT State of California ) ) ss. County of Santa Clara ) On ~'yl ~, 2 ~ Z ~~ (~ ~~,~ before me, , ' Z ~i('i a notary public in aid for the State of California, persona appeared RON D TATS, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JENNIFER ORyfOALE Comnrlaiort • 170546E - .~ ~ Notary ~buc • CaNtaMa - OTAR ~ PUBLIC aaMa Clara County MyCprwn,6~IrMNOV6, ZO10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County ofG C.~C~~'C~ On~l~-1~ ~``~ ~ ~'~~ before me, Date personally appeared KAIIEN ~ •ft~M1 ComrnNNon • lAl>3~49 Nolary hb~c - CaN~os~b iorro Clow Cowry NlyCarm. NOV 0. r L who proved to me on the basis of satisfactory evidence to be the person(,a')'whose name(,a~ is/are subscribed to the within instrument and acknowledged to me that he/sf~eftheq executed the same in his/herftheir authorized capacity(aesj, and that by his/19e~ft#~eFr signatures} on the instrument the person(3}, or the entity upon behalf of which the persons}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 my hand and official seal. _ 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 ~Ivt^M u~~~~r Mctnct~ en~~ n -~' ~-ct~:, I r~-~~~s c,~a~h ~'7 -~ Title or Type of Document: nn ~ '-1 Document Date: ~ta~~ '~~ ~ c~UU~ Number of Pages: 1 !~~tn~~~'~~ Signer(s) Other Than Named Above: ~~G' , ~ ~~~~- ~~Iri/~,t.~~-~r-I- Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Signer's Nal ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 RECORDING REQUESTED BY City of Cupertino WHEN RECORDED MAIL TO City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 'i~YINiW~'~~i~~~l'hY'~~~~~ Pages 12 Fees.... ~ No Fees Taxes... Copies.. __ AMT PAID REGINA ALCOMENDRAS SAf~TA CLARA COUNTY RECORDER Re~:orded at the request of City RDE # 006 12/29/2008 239 PM (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 6103 STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT COUNTY ASSESSOR'S PARCEL #316-09-029 Original O For Fast Endorsement ~~NO ]FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real. property conveyed by the deed or grant dated, May 15~', 2008 from County Assessor's Parcel #316-09-029 to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council on November 18`h, 2008 and the grantee consults to recordation thereof by its duly authorized officer. Dated: November 20, 2008 Julia Kinst City Clerk's r'ffice 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 FACILITIES OPERATION AND MAIN'CENANCE AGREEMENT County Assessor's Parcel # 316-09-029 THIS STORMWATER MANAGEMENT FACILITIES OPERATION AND MAINTENANCE AGREEMENT ("AGREEMENT") is made and entered into this I$~day of Mgi , 200, by Tantau Investments, LLC, a California limited. liability company, (hereinafter referred to as "COVENANTOR") and the City of Cupertino ("CITY"). RECITALS: This AGREEMENT is made and entered into with reference to the following facts: A. The CITY is authorized and required to regulate and control the disposition of storm and surface waters as set forth in the CITY's Stormw~rter Pollution Prevention and Watercourse Protection Ordinance, effective October 15, 2003 (the "ORDINANCE"). B. The COVENANTOR is the owner of a curtain tract or parcel of land more particularly described in Exhibit "A" attached hereto (the "PR.OPERTY"). C. The COVENANTOR desires to construct certain improvements on the PROPERTY that may alter existing stormwater conditions on both the PROPERTY and adjacent lands. D. To minimize adverse impacts due to these anticipated changes in existing storm and surface water flow conditions, the COVENANTOR is required by the CITY to build and maintain, at COVENANTOR's expense, stormwa.ter management facilities ("FACILITIES"), more particularly described and shown in the Stotmwater Management Plan prepared by F~~- -1- 11 /25/03 Ruggeri-Jensen-Azar and dated `~' 3~ - a 8 _, which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino, California, and are hereby incorporated by reference. E. The CITY has reviewed and approved thy; Storm Water Management Plan subject to the execution of this AGREEMENT. NOW, THEREFORE, in consideration o1.'the benefit received and to be received by the COVENANTOR, its successors and assigns, as ~i result of the CITY'S approval of the Stormwater Management Plan, the COVENANTOR, hereby covenants and agrees with the CITY as follows: 1. Covenants Running With the Land; Prop~~rty 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" ("PROPERTY") or any portion thereof and shall be for the benefit of each owner of any of said F~arcels 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 ~~f 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. Responsibility for Installation, Operation and Maintenance: At their sole expense, the COVENANTOR, its successors and assil~s, shall construct, operate and perpetually maintain the FACILITIES in strict accordance with the Stormwater Managemet Plan and any amendments thereto that have been approved by the CITY or the ORDINANCE. 3. Facility Modifications: At their sole expense, the COVENANTOR, its successors and assigns, shall make such changes or modifications to the FACILITIES as maybe determined as reasonably necessary by the CITY to ensure that the FACILITIES are properly maintained and continue to operate as originally designed and approved. Any changes or modifications may be made o~11y with prior written authorization by the CITY. 4. Facility Inspections by the CITY: At reasonable times and in a reasonable manner as provided in the ORDINANCE and the Stormwater Facilities Easement Agreement applicable to the FACILITIES, the CITY ,its agents, employees and contractors, shall have the right of ingress and egress to the- FACILITIES and the right to inspect the FACILITIES in order to ensure that the FACILITIES are being properly maintained, are continuing to perform in an adequate maiuier and are in compliance with the FINAL -2- 11 /25/03 ORDINANCE, the Stormwater Managerr~ent Plan and any amendments thereto approved by the City. Failure to Perform Required Facilit~ep~irs or Modifications: Should either the COVENANTOR or its successors and assigns fail to correct any defects in the FACILITIES in accordance with the approved design standards and/or the Stormwater Management Plan and in accordance witr~ the law and applicable regulations of the ORDINANCE within the time specified in a written notice from the CITY, the CITY shall have the right, under the Stormwater Management Easement Agreement for the subject property, to enter the PROPERT`~ to perform remedial work, for which the CITY will collect reimbursement for sucri work from COVENANTOR. In addition, the CITY may pursue other such remedies as provided bylaw, including, but not limited to, such civil and criminal remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the ORDINANCE. 6. Indemnity: The COVENANTOR, its successors and assigns, 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 acid property damage, including without limitation reasonable attorneys' fees, arbi~ration fees or costs and court costs, arising out of or related to the COVENANTOR' S, it:; successors' and/or assigns' construction, operation or maintenance of the FACILITIES except to the extent that such claims, liabilities, actions, causes of action, and d.arriages 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, representativf;s, contractors, vendors, or consultants. 7. Obligations and Responsibilities of COVENANTOR: Initially, the COVENANTOR is solely responsible for the performance of the obligations required hereunder and, to the extent permitted under applicable law, the: payment of any and all fees, fines, and penalties associated with such performance or failure to perform under this AGREEMENT. Notwithstanding any previsions of this AGREEMENT to the contrary, upon the recordation of a deed or other instrument of sale, transfer or other conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third party (the "Transferee"), the COVENANTOR shall be released of all of its obligations and responsibilities under this AGREEMENT accruing after the date of such Transfer to the extent such obligations and responsibilities are applicable to that portion of the PROPERTY included in such Transfer, bait such release shall be expressly conditioned upon the Transferee assuming such obligations and responsibilities by recorded written agreement for the benefit of the CITY. Stich written agreement maybe included in the Transfer deed or instrument, provided that: the Transferee joins in the execution of such deed or instrument. A certified copy of such deed, instrument or agreement shall be provided to the CITY. The provisions of the preceding three sentences shall be applicable to the original COVENANTOF: and any successor Transferee who has assumed the obligations and responsibilities of the COVENANTOR under this AGREEMENT as provided above. FINAL -3- 11 /25/03 8. Property Transfer: Nothing herein shall l:~e construed to prohibit a transfer by the COVENANTOR to subsequent owners acid assigns. 9. Attorneys' Fees: In the event that any paa-ty 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. 10. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be ne~~essary to fully effectuate the terms and provisions of this AGREEMENT. 11. 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 expresses herein. 12. Severability: In the event any part or pro~rision 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. 13. No Waiver: The waiver of any covenant ~;,ontained herein shall not be deemed to be a continuing waiver of the same or any othe;r covenant contained herein. 14. Amendment: This AGREEMENT maybe 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 a.ny earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. 15. In the event that the CITY shall determine; at its sole discretion at any future time that the FACILITIES are no longer required, then at the written request of the COVENANTOR, its successors and/or assigns, the city shall execute a release of this AGREEMENT which the COVENANTOR, it successors and/or assigns, shall record in the Clerk's Office, at its/their expense. FINAL -4- 11 /25/03 Executed the day and year first above written. (COVE ANTOR) e: Ld4-¢ 2. WAtL~YtfSE ~ _ Title: IZt ~ ~yQt! (~i _ (Notary acknowledgment to be attached) CITY OF CUPERTINO ~--~ By: c.~ t 2.3 •~~ Name: ~t o w k u ~ ~ t' Title:~~ ~,~,r _ ,°~ ~~°"' ~i~~T;~ ~ tiuR~PS T ctrY ~.rt ~ .~ ~ r Y)u 3, ~ a ~~ ~ ~ ~,'"~ e ~ ;r~ N o ,~ tub d FINAL -5- 11/25/03 ACKNOWLEDGMENT State of California ) ) ss. County of Santa Clara ) On ~ a,U ~ j ~ ~~(,} g before rne, J ~~ ~~~ ~ ~ ; LK ~y , a notary public in and for-'the State of California, personally appeared LARRY I. W LERSTEIN, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the 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. I certifyunder PENALTY OF PERJI:rRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JOANNE HICKEY /'~ ~, cow. ~ea6n~ ~ t\ ~ :INRw~ ~ c ~ I„ly~,,,~J~31,20~o NO A P LIC CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California `~ County of ~ ~jt `~!~ ~C1.,1~GL. _ On ~.C ~ ~~~ before me, ~2 ;Se ` .,-'~-( ` Dam Here Insert Na and Title of the Offic r ' personally appeared ~~I c~"~ Irv , f~yr~v~ GRACE SCHMIOT - Conwnbsion ~ 1720127 Nofwy PubiNo - CaNfoni Sang Clea Cpungr Mtr Camn. Expina Fib 21, 2011 who proved to me on the basis of satisfactory evidence to be the person( whose name( is/ark subscribed to the within instrument and acknowledged to me that he/sly/th~f executed the same in hid/her/tf~ir authorized cap<~city(i~), and that by his/F~r/tl}~ir signature(~'f on the instrument the person( or the entity upon behalf of which the person() acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of tYie State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \~~~~~ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may E~rove valuable to persons relying on the document and could prevent fraudulent removal and reattad ment of this form to another document. Description of Attached Document Title or Type of Document: ~~~Y~~~.r Y1nGl,y~~t>~,~ n-„ ca,.~ ~ ~ ~( t,l~Y~ ~t~-F'lG~-F 1IlJ -, `~' Document Date: ~~ ~.~ . o~~ ~ v Number of PagesL Signer(s) Other Than Named Above: ~ .lh~ -LL~Y1 Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing Signer's Name: _I Individual ~ ~ ~b" Corporate Officer -Title(s): Partner - ^ Limited ^ General • •'• =1 Attorney in Fact • •-• Top of thumb here Top of thumb here ^ Trustee '~ Guardian or Conservator i- Other: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 9- 313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-676-6827 EXHIBIT "A" That certain land located in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Thrc;e in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174 acre parcel; thence S. 00° 12'36" W., along the W~;sterly line of Tantau Avenue, 227.8 feet; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence N. 0°12'36" E., along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N. 89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of beginning. PARCEL TWO A portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0°12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre parcel; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence S. 0°12'36" W., along said Easterly line, 425.21 feet to the Northerly tentinus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05" W., along the Northerly line of said Tract No. 1807, 122 feet to the Northwesterly corner thereof; thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said Tract No. 1867, 181.83 feet to the Easterly line of~ Tantau Avenue; thence along the Easterly line of Tantau Avenue, Northerly along anon-tangent curve having a radius of 637.5 feet, concave Westerly, whose radius bears, N. 83°52'46" W., tlu-ough an angle of 5°54'38" an arc length of 65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning. PARCEL THREE A portion of the Quito Rancho, and also being a portion of the 7.90 acre parcel of land described in the Final Order of Condemnation, dated Decen-ber 17, 1959, a certified copy of which was recorded January 8, 1960, Book 4659 official Records, Page 613, Santa Clara County Records, and described as follows: BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of said 7.90 acre parcel; thence S. 00°12'36" W., along the Easterly line of said 7.174 acre parcel and Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on fil e in Book 93 of Maps, Page 49; thence N. 89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0°12'36" E., parallel with the Easterly line of said 7.174 acre ~~arcel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'05" W., along s;~id Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. `~~p~ IANp SG9 1 - ~~~ ,~ ~N0'F~ °~ And w S. afer PL:i 8005 Dat ~ x'10• ~' * Expires 12/31 /2008 ~~ Exp. t2-3t-~ ~Q' Q2, ~~ OF C A~~~~~ i! INE TkABLE L1 N89'59'26"E 26.00' L2 N00'00'34"W 2.00' L3 N00°00'34"W 26.00' L4 N89°59'26"E 2.00' L5 N33°59'02"W 34.00' L6 S33°57'54"W 34.00' LEGEND POC POINT OF COMMENCEMENT TPOB TRUE POINT OF BEGINNING (R) RADIAL BEARING ~POC I W 1 Z of ~ (VI Q x`11 I Q 1 H ~' S~~9°59'26"W 124.00' I L1 I 1 r i IV FORGE DRIVE _ _ _ _ _N 89°47_24"W_ 300.41 _ _ _ _ - ; N 89_24'05"E 139. RECIPROCAL DRIVEWAY EASEMENT ?`~~'. ~~so. .~~: ~~.~y STORM WATER MANAGEMENT ~~.6, FACILITIES EASEMENT ~.o ~ r ~' N TPOB~. L1 ~I N~39°59'26"E 124.00' ~ Q I L4-I o ~ I I o o = I o ~ ~ O Z ~ I ~ o 1 I ~~s ~. ~ ~ I R=34.00' . ,~ ~1 ~ !~ ~ L=66.49' ~ ~ "~ I 4=112°03'04" Z N I o O O O I O ~ Z 1 I ~ ~ ~ I r~ O ~I J ~ i L4 0 I r ~- I~~a ~~~I I ~ J~ II' I a L. 0 0 0 0 c,r rri c~ 0 0 O APN~ 316-09-029 STORM WATER MANAGEMENT FACILITIES EASEMENT- ___ 181_83' ___ N89'24'05"E -_ _ 122.00_ _ - _ _ 139.09_ _ 442.92'(TOTAL) ~IIEA O IAV NUE 1 I I I I of ~I ~1 wl ~I ~I OI OI ZI 1 I 1 I EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION FOR j 1 A STORMWATER MANAGEMENT FACILITIES RUGGERI-JENSEN-AZAR ASEMENT OVER A PORTION OF THE LANDS ENGINEERS ^ PLANNERS ^ SURVEYORS DESCRIBED IN DOCUMENT N0. 19599096 `' '~'R`~ `* v~ ~''~~`~ ;. ~; SANTA CLARA COUNTY RECORDS SCALE: DATE: JOB No.: CITY OF CUPERTINO, CALIFORNIA 1"=80' 4-24-08 072034 RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 '~~I~tlG~'ll~~i~IPM'~N Pages 11 Fees.... ~ No Fees Taxes... Copies.. AMT PAID REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of City RDE # 001 11/24/2008 257 PM NO FEE /N ACCORDANCE WITH GOV. CODE 6103 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STORMWATER MAN~~GEMENT FACILITY EASEMENT AGREEMENT County Assessor's Parcel #316-09-029 Original D For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 ~~NO ~~ EE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated, May 15~', 2008 from County Assessor's Parcel #316-09-029 to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council on November 18`h, 2008 and the grantee consents to recordation thereof by its duly authorized officer. Dated: November 20, 2008 Julia st City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014 RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MAN~-GEMENT FACILITY EASEMENT AGREEMENT County Assessor's Parcel # 316-09-029 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this 17 Jay of r'1~1y , 20 ag, by Tantau Investments, 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 Attachment `B' of this Agreement. RF,CiTAi.S: 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. T'he stormwater management facilities are shown in the Stormwater Management Plan prepared by Ruggeri-Jensen-Azar and dated ~} - 3n_ o~ ,which plans and any amendments thereto, are on file with the Public Works p~pL, -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 Pollu~:ion 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 maybe 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 executc: 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 Lancl; Properteiect to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement. It is intended and determined that the f~rovisions 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 ~~aid 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 d~unage, 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 intenrtional 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 maybe 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 previsions 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. (GRAN OR) Title: ~1£~?EYL _ (Notary Acknowledgment to be attached) CITY OF CUPERTINO By: Name: Title: FINAL -4- 10/21 /03 STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA On `~~ ') ~ - ©~ , 200 $ ,before me, ~ (~ ~,~~ i ~K e ~l personally appeared 1.~,,~ r y L _ ~ ~.~ 1 f ~ S~c_. ~~ ,personally known to me or~roved tQ me on the basis of satisfacto to be the person whose name is subscribed to the within instrument and acknowledged to me that he exec~zted 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. JOANNE HICKEY WITNESS my hand and official seal. ~ COMM. aX1685287 ~ ~aur~r~cuw-~ My Calm. Exp. July 31,2010 v NOTARY PUBLI [SEAL] FINAL -5- 10/21 /03 EXHIBIT "A" That certain land located in the City of Cupertino, County of Santa Clara, State of California, described as follows: A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of'the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Thrf;e in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174 acre parcel; thence S. 00°12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence S. 89°4724" E., 300.41 feet to the Easterly line o~Psaid 7.174 acre parcel; thence N. 0°12'36" E., along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N. 89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of beginning. Together with a portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page 15, Santa Clara County Records, acid a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avemze distant thereon S 0° 12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre Marcel; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence .S. 0°12'36" W., along said Easterly line, 425.21 feet to the Northerly tentinus of the center line of lvleadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05" W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof; thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said Tract No. 1867, 181.83 feet to the Easterly line of Tantau Avenue; thence along the Easterly line of Tantau Avenue, Northerly along anon-tangent ~:urve having a radius of 637.5 feet, concave Westerly, whose radius bears, N. 83°52'46" W., through an angle of 5°54'38" an arc length of 65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning. Also together with a portion of the Quito Rancho, ;end also being a portion of the 7.90 acre parcel of land described in the Final Order of Condemnation, dated December 17, 1959, a certified copy of which was recorded January 8, 1960, Book 465!) official Records, Page 613, Santa Clara County Records, and described as follows: BEGINNING at the Northeasterly corner of the 7. ] 74 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of s;iid 7.90 acre parcel; thence S. 00° 12'36" W., along the Easterly line of said 7.174 acre parcel anti Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence N. 89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0° 12'36" E., parallel with the Easterly line of said 7.174 acre parcel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'05" W., along sari Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. . `o~p~ IANp ~9 o CH~~ ~ Andre S. afer;`PLS 8005 Date a No.eooa ~ Expires 12/31/2008 * gip, t2.31-0d ti- \~~~OF CAS-~~O EXHIBIT "A" That certain land located in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE A portion of Lot 7 of the Partition of the Glenderuung Estate Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Paige 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174 acre parcel; thence S. 00° 12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence S. 89°47'24" E., 300.41 feet to the Easterly line ol'said 7.174 acre parcel; thence N. 0°12'36" E., along said Easterly line, 227.8 feet to the Northea;~terly corner of said 7.174 acre parcel; thence N. 89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of beginning. PARCEL TWO A portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0°12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre parcel; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence S. 0°12'36" W., along said Easterly line, 425.21 feet to the Northerly tentinus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'05" W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof; thence continuing S. 89°24'05" W., along a Westerly prolongation of the Northerly line of said Tract No. 1867, 181.83 feet to the Easterly line oil Tantau Avenue; thence along the Easterly line of Tantau Avenue, Northerly along anon-tangent curve having a radius of 637.5 feet, concave Westerly, whose radius bears, N. 83°52'46" W., through an angle of 5°54'38" an arc length of 65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning. PARCEL THREE A portion of the Quito Rancho, and also being a portion of the 7.90 acre parcel of land described in the Final Order of Condemnation, dated December 17, 1959, a certified copy of which was recorded January 8, 1960, Book 4659 official Records, Page 613, Santa Clara County Records, and described as follows: BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded ~~ctober 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of :;aid 7.90 acre parcel; thence S. 00°12'36" W., along the Easterly line of said 7.174 acre parcel grid Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file; in Book 93 of Maps, Page 49; thence N. 89°24'05" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0° 12'36" E., parallel with the Easterly line of said 7.174 acre p;~rcel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'05" W., along said Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or -under my direction pursuant to the requirements of the Professional Land Surveyor's Act. /~~-l. LANpSG -- t~ 9 ~Rrw s. G~~ ~~s~ ~, ~ ~~~ °~ ~. Andre S. afe,~, PLS 8005 Date x'10• ~ * Expires 12/31 /2008 ~- Exp. /2.31-OB ~F C AL~~/