E-614 Stormwater Management Facilities Easement Agrmt.
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
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SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel # 316-09-029
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this~'~ay of , 20U~, 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. The stormwater management facilities are shown
in the Stormwater Management Plan prepared by Ruggeri-Jensen-Azar and dated
, 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 Ageement 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 COLTNTY, at its/their expense.
NOW, THEREFORE, the parties hereto agree as follows:
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 thereo£ 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 Ageement 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 pocuments: 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 AQreement: 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. Severabilitv: 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
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'OS"
W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof;
thence continuing S. 89°24'OS" 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 a non-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., recarded 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'OS" 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'OS" 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.
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EXHIBIT "B"
An Easement for Stormwater Management Facilities over that certain land located in the City of
Cupertino, County of Santa Clara, State of California, described in Exhibit "A" attached hereto,
excepting therefrom the following portion of said Land:
COMMENCING at the most Northwesterly corner of said Land, thence S. 32°50'09" E., 160.13
feet to the True Point of Beginning; thence from said Point N. 89°59'26" E., 26.00 feet; thence S.
00°00'34" E., 2.00 feet; thence N. 89°59'26" E., 124.00 feet; thence S. 00°00'34" E., 340.00 feet;
thence S. 89°59'26" W., 124.00 feet; thence S. 00°00'34" E., 2.00 feet; thence S. 89°59'26" W.,
26.00 feet; thence N. 00°00'34" W., 26.00 feet; thence N. 89°59'26" E., 2.00 feet; thence N
00°00'34" W., 117.80 feet; thence along the arc of a non-tangent curve to the right having a
radius of 34.00 feet, the center of which bears N. 33°57'S4" E., through a central angle of
112°03'04", an arc distance of 66.49 feet; thence N. 00°00'34" W., 117.80 feet; thence S.
89°59'26" W., 2.00 feet; thence N. 00°00'34" W., 26.00 feet to the True Point of Beginning.
As shown on the attached plat made a part hereof.
This legal description was prepared by me or under my direction pursuant to the
requirements of the Professional Land Surveyor's Act.
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LINE TABLE
L1 N89°59'26"E 26.00'
L2 P.; ~0`0'0'-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'
FORGE DRIVE
~POC _ N89'47'24"W 300.41 -.,,- N89_24_05"E 139.09'
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APN~ 316-09-028
STORM WATER MANAGEMENT
FACILITIES EASEMENT -
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EXHIBIT "B"
PLAT TO ACCOMPANY DESCRIPTION FOR j 1
A STORMWATER MANAGEMENT FACILITIES RUGGERI-JENSEN-AZAR
ASEMENT OVER A PORTION OF THE LANDS ENQINEERS ^ PLANNERS ^ SURVEYORS
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~..~' '% ~ki;:~~ ~.^,,:'5.....~.~YF{i ~11,'R, j!j.'~}~j Rh`~....~.'irr
DESCRIBED IN DOCUMENT N0. 19599096 ~~'`~`~~~ `~'~~M/`' `'"~`vY ~A "~'"y
SANTA CLARA COUNTY RECORDS SCALE: DATE: JOB No.:
CI1'Y OF CUPERTINO, CALIFORNIA 1"=80' 4-24-08 072034
ACKNOWLEDGMENT
State of California )
) ss.
County of Santa Clara )
On JI,Y~~. 2 3~~ ~'? ~=~ bef ore me, ~ ,~ L ~' ll ,, a notary
public in for the tate of California, persona appeared RON D TATE, who proved
to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instn~ment 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 PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS myhand and official seal.
JENNIiER OR1l=DAIE
CanmWbn ~ 170~~IM
- Notary rubllc - CalHomla
~anta Clora County ~ ~;- L l' ~-~~
Mycarw,n.~r«aovazo~o , OTAR UBLIC
~CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ~1(11 G~ C~~t('C~
Or~~V''1~~~~U D before me, ~C1fe~'1 ~ nG/"~ - "~l~('i~ , ,N~~tr'~ }~~t ~~ k
Date Here Insert Name and Title of the icer
\ ~C~"~
personally appeared 1~' ~~T ~l~ -> ~~.
Name(s) of Sig r(s)
KAREN BERNARD-GUERNi
"'"' Commission ~ 1618449
~ ~ Notary PubNc - Cd~Oilifo
~ ' Santo Claro Counl~l
nAy comm. Expl~ Nov 9.
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.
~~ L
Signature ~ • ~~~ ~/
Place Notary Seal Above Signature of Notary Public
who proved to me on the basis of satisfactory evidence to
be the person(a'j whose name(,s~' is/~ subscribed to the
within instrument and acknowledged to me that
he/s#~ef#i°rcy executed the same in his/Her/tl~eir authorized
capacity(ies~, and that by his/I~erftheir signature{sj on the
instrument the person{s}, or the entity upon behalf of
which the personFsj-acted, executed the instrument.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: --~I ~!"`1~~~4~ ~G'~~d~J~'~~~'~~ 1 a~ `i ~~~1~/~~~~~
~l/~~~' CO~`"? 1 ~VD ,~ g ~ ~","~i~~it,1~`'~~
Document Date: Number of Pa es: ~
Signer(s) Other Than Named Above: 1`~ ~~ ~~ T~ `"{
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 Name:
~7 Individual
^ Corporate Officer - Title(s): _
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing
.
Top of thumb here
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