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E-672 Stormwater Management Facility Easement Agreement, 22555 Cristo Rey Drive, APN 362-63-002 DOCUMENT: 21682954 Pages: 15 RECORDING REQUESTED BY: Fees. . . . No Fees Taxes. . City of Cupertino Cop i es. . AMT PAID WHEN RECORDED,MAIL TO: — RECINA ALCOMENDRAS RDE # 024 City Clerk's Office SANTA CLARA COUNTY RECORDER 5/24/2012 City of Cupertino Recorded at the request of 10'45 AM 10300 Tone Avenue C i ty Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 22555 Cristo Rey Drive APN 362-63-002 The Roman Catholic Bishop of San Jose, a California corporation pi 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 362-63-002 22555 Cristo Rev Drive, Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this 6 iiay of , 20 i Z;by The Roman Catholic Bishop of San Jose, a California corporation, (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 MacLeod and Associates, Inc. and dated FINAL -1- 10/21/03 February 23, 2012,which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino, California. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this agreement. C. The GRANTOR, its successors and assigns, shall be responsible for maintenance of these stormwater management facilities in accordance with the Storm Water Maintenance Agreement for this facility and the CITY's Stormwater Pollution Prevention and Watershed Protection Ordinance. D. The CITY, its successors and assigns, shall at all reasonable times have a right to enter said easement for the purpose of inspecting, monitoring,modifying, maintaining, and repairing the stormwater management facilities at the PROPERTY,within the easement described in Exhibit`B." E. While this Agreement is in effect, the GRANTOR will not erect nor permit to be erected any building or structure of any nature whatsoever, nor fill or excavate within said easement without the CITY's written consent. F. The GRANTOR will warrant specially said easement and shall execute such further assurances thereof as may be requisite. G. In the event that the CITY shall determine at its sole discretion at any future time that the Stormwater Management Facility is no longer required,then at the request of the GRANTOR, its successors and/or assigns, the CITY shall execute a release of this Agreement which the GRANTOR, it successors and/or assigns, shall record with the COUNTY, at its/their expense. NOW, THEREFORE,the parties hereto agree as follows: 1. Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit"A"shall be subject to this Agreement. It is intended and determined that the provisions of this Agreement shall run with the land and shall be binding on all parties having or acquiring any right,title or interest in the real property described in Exhibit"A" or any portion thereof and shall be for the benefit of each owner of any of said parcels or any portion of said property and shall inure to the benefit of and be binding upon each successor in interest of the owners thereof. Each and all of the limitations, easements, obligations, covenants, conditions, and restrictions contained herein shall be deemed to be, and shall be construed as equitable servitudes, enforceable by any of the owners of any of the 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 FINAL -2- 10/21/03 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 use of the easement described in Exhibit`B,"except to the extent that such claims, liabilities, actions, causes of action, and damages arise out of or related to the CITY's negligence and/or intentional conduct or the negligence or intentional acts of any of the CITY'S employees, agents, representatives, contractors, vendors, or consultants. 3. Attorneys' Fees: In the event that any party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof,the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 4. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 5. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements, or undertakings, oral or written that are not fully expressed herein. 6. Severability: In the event any part or provision of this Agreement shall be determined to be invalid or unenforceable under the laws of the State of California,the remaining portions of this Agreement that can be separated for the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 7. No Waiver: The waiver of any covehant 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) UAL By: Name: A,. V, r i r - Title: 1u "- . , — cfc: _ (Notary Acknowledgment to be attached) CITY OF CUPERTINO By: rdQ� _ Title: 3j(rec v‘-b�' E�t.�foi�c t r-S _ FINAL -4- 10/21/03 ii 1 CALIFORNIA ALL-PURPOSE , 1 CERTIFICATE OF ACKNOWLEDGMENT State of California County of 34140""C( a.. ,I ` ' On 4i1 26. 2017-. before me, I-/ND4 Ott! e4 [�ICL y t NOL"4,1'+J '&bt IC- (Here insert name and title of the officer) / I A V personally appeared �i 4,Ve/S V , d l L/4 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signatures)on the instrument the person(s),or the entity upon behalf of which the person(s) 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. LINDA HUESCA TULLY . t" . Commission# 1884678 WITNESS my y hand and official seal. ' '� - Notary Public-California r'7��� _ ����� �r'e+/ Santa Clara County ` M Comm.Ex Tres r 28,2014 Signature of No (Notary Seal) gn Notary Public J • • ! 1' ADDITIONAL OPTIONAL INFORMATION ■ INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be s rOR,tt 1rn z Q./V1 gEME T Me-II-try L� properly completed and attached to that document. The only exception is if a Etgttlt j1' igQ540I` document is to be recorded outside of California.In such instances,any alternative acknowledgment verbiage as may be printed on such a document so long as the (Title or description of attached document) g �� 3G Z 00�, verbiage does not require the notary to do something that is illegal for a notary in i' t!� -Vto Rey-Pf.t ��i IAN i to �ol1 California f.e. certf in the authorized capacity signer). �' Z ssf'a (i.e. fy g pacfry of the sf Please check the (Title or description of ttached doe nt continued) document carefully for proper notarial wording and attach this form if required. ii Number of Pages 't Document Date/le.24.420/2, • State and County information must be the State and County where the document signet(s)personally appeared before the notary public for acknowledgment. _ • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. , CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/shclthey—is tare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must_not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. Ig Attorney-in-Fact 4. Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4. Indicate title or type of attached document,number of pages and date. S Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasscs.com EXHIBIT A The land herein described is situated in the County of Santa Clara, State of California, and is more particularly described as follows: Being all of Parcel F on that certain Map of Tract No.9054 filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on July 9, 1998 in Book 705 of Maps at Pages 13 through 22. APN: 342-63-002 EXHIBIT "B" LEGAL DESCRIPTION STORMWATER MANAGEMENT FACILITY EASEMENT All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel "F" as said Parcel is shown on that certain Map entitled"Tract No. 9054, Oak Valley—Unit 1" filed in the Office of the Recorder of said County and State on July 9, 1998, in Book 705 of Maps at Pages 13 through 22, and being more particularly described as follows: SEGMENT#1 Beginning at a point on the northeasterly corner of said Parcel "F"; Thence along the northeasterly line of said Parcel "F"North 48°28'00" West, 261.62 feet; Thence North 28°02'00" West, 32.93 feet; Thence leaving said northeasterly line of Parcel "F" South 61°58'00" West, 8.70 feet to the True Point of Beginning; Thence South 28°02'00"East, 64.16 feet; Thence South 48°28'00" East, 161.23 feet to the beginning of a tangent curve to the right having a radius of 67.50 feet; Thence along said curve through a central angle of 89°29'03" a distance of 105.42 feet; Thence South 41°01'03" West, 70.11 feet; Thence North 48°58'57" West, 7.00 feet; Thence South 41°01'03" West, 6.04 feet to the beginning of a tangent curve to the left having a radius of 74.50 feet; Thence along said curve through a central angle of 46°47'03"a distance of 60.83 feet; Thence South 5°46'00"East, 192.54 feet to the beginning of a tangent curve to the right having a radius of 69.75 feet; Thence along said curve through a central angle of 95°17'30" a distance of 116.00 feet to the beginning of a reverse curve to left having a radius of 8.00 feet; Thence along said curve through a central angle of 96°05'30"a distance of 13.42 feet; Thence South 6°34'00" East, 29.06 feet to the beginning of a tangent curve to the right having a radius of 3.50 feet; Thence along said curve through a central angle of 135°00'00"a distance of 8.25 feet; Thence North 51°34'00" West, 71.97 feet to the beginning of a tangent curve to the right having a radius of 3.50 feet; Thence along said curve through a central angle of 45°00'00" a distance of 2.75 feet; Thence North 6°34'00" West, 27.67 feet to the beginning of a tangent curve to the left having a radius of 8.00 feet; Thence along said curve through a central angle of 45°00'00"a distance of 6.28 feet; Thence North 51°34'00" West, 68.36 feet to a point hereafter referred to in Segment#2 as"Point A"; Thence North 51°34'00" West, 2.39 feet to the beginning of a tangent curve to the left having a radius of 21.00 feet; Thence along said curve through a central angle of 89°56'30" a distance of 32.97 feet; Thence South 38°29'30" West, 251.02 feet to the beginning of a tangent curve to the left having a radius of 21.00 feet; Thence along said curve through a central angle of 90°00'00"a distance of 32.99 feet; Thence South 38°29'30" West, 21.00 feet; Thence South 51°30'30"East, 23.14 feet; Thence South 79°31'28"East, 72.18 feet; Thence South 10°28'32 West; 10.00 feet; Thence North 79°31'28" West, 74.68 feet; Thence North 51°30'30" West, 35.63 feet; Thence North 38°29'30" East, 3.50 feet; Thence North 51°30'30" West, 160.70 feet; Thence North 38°29'30" East, 27.50 feet; Thence South 51°30'30"East, 101.20 feet to the beginning of a tangent curve to the left having a radius of 21.00 feet; Thence along said curve through a central angle of 90°00'00"a distance of 32.99 feet; Thence North 38°29'30"East, 250.95 feet to the beginning of a tangent curve to the left having a radius of 21.00 feet; Thence along said curve through a central angle of 90°03'30"a distance of 33.01 feet; Thence North 51°34'00" West, 148.83 feet; Thence North 38°26'00" East, 27.50 feet; Thence South 51°34'00" East, 327.49 feet to the beginning of a tangent curve to the left having a radius of 42.25 feet; Thence along said curve through a central angle of 134°12'00"a distance of 98.96 feet; Thence North 5°46'00" West, 192.54 feet to the beginning of a tangent curve to the right having a radius of 102.00 feet; Thence along said curve through a central angle of 46°47'03"a distance of 83.29 feet; Thence North 41°01'03" East, 76.15 feet to the beginning of a tangent curve to the left having a radius of 33.00 feet; Thence along said curve through a central angle of 89°29'03" a distance of 51.54 feet; Thence North 48°28'00" West, 163.98 feet to the beginning of a tangent curve to the left having a radius of 33.00 feet; Thence along said curve through a central angle of 78°31'27"a distance of 45.23 feet; Thence North 38°08'37" East, 45.64 feet to the beginning of a tangent curve to the left having a radius of 48.00 feet; Thence along said curve through a central angle of 54°23'50"a distance of 45.57 feet to the True Point of Beginning. SEGMENT#2 A ten foot(10.00') wide easement lying 5.00 feet on each side of the following described centerline: Beginning at a point hereinbefore referred to in Segment#1 as "Point A"; Thence South 28°02'37" East, 70.48 feet; Thence South 57°50'54" West, 39.84 feet; Thence South 46°53'34" West, 76.11 feet; Thence South 38°26'00" West, 26.26 feet; Thence South 29°42'08" West, 34.21 feet to the beginning of a tangent curve to the left having a radius of 57.50 feet; Thence along said curve through a central ang]Le of 85°34'30"a distance of 85.88 feet; Thence South 55°52'22" East, 42.65 feet to the beginning of a tangent curve to the left having a radius of 25.00 feet; Thence along said curve through a central angle of 57°07'53"a distance of 24.93 feet; Thence North 66°59'45" East, 10.00 feet to the Point of Terminus. As shown on the plat attached hereto and made a part hereof. Description prepared by MacLeod and Associates,Inc. ■ _�/�i ,O11+NOU,Q Daniel G. acLeod L.S. 5304 �� 0- G. 47, <<:o 414/ 8, 2 o/z_ Date / * No. 5304 N F OF CAO, • 2\ \<i9,.? •7 . OS� , ti ' \.iel W R=8.00' �0 v/ Q D=45'00'00" o S 5134'00" E 327.49' L=6.28'+_ / / o , Nr POINT "A" N 0634'00" W POINT OF BEGINNING 70.75' 27.67' NL _ _ _ _ EASEMENT SEGMENT #2 N 5f 34'00" W R=3.50' t�` D=96'05'30" 2 N 51 34'00" W 148.83' ---F� �� 68.36' D=45'00'00"�9 06+, L=13.42'I L=2.75' -o A. PROPOSED 2.39'."--"- N 5134'00" Ws" Oo, EASEMENT R=21.00' R=21.00' \ > 71.97 <c• D=9003'30" D=8956'30" /l S 28'0737- E L-32.97 R=3.50' L=33.01' I I 70.48' D=135'00'00" I I 5.p0' S 57 50'54" W L=8.25' 10.0p, = 39.84' PROPOSED I -�Ir- CENTERLINE EASEMENT PROPOSED SEGMENT #1 1 0.00'-WIDE rn o I EASEMENT SEGMENT #2 NI I N I 1 i S 46'53'34" W PARCEL "F" I I 76.11' 705 MAPS 13-22 3 °I IQ, S 3826'00" W 26.26' co c S 29'42'08" W POINT OF tn 34.21' TERMINUS ZI I u) \\\ N 6659'45" E EASEMENT 10.00' SEGMENT #2 I I R=57.50' \'\ D=85'34'30" I L)17 I IR=21.00, =85.88' R=21.00' 0=90'00'00"\ _ D=90'00'00" I I ` _ L=32.99' \� L=32.99' ---�- -� R=25.00' S 5130'30 E ' PROPOSED 2%511430 314' 0=570753 EASEMENT L=24.93' N 5130'30" W S 5552 22" E W SEGMENT #1 35.63' E o S 51'30'30" E 101.20' ti 1?-:‘.3.11 j 42.65' �o�io - �� 5\19/ /a, Y1 Sf028'32" W N' N 3829'30"30" E °. / 9,31' 6g 10.00' 00 3.50'1 N L- �IN ■ - PROPOSED EASEMENT 2 N 5130'30" W 160.70' SEGMENT #1 EXHIBIT "B" LAND PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR STORMWATER MANAGEMENT FACILITY EASEMENT PURPOSES - PAGE 2 OF 2 G • Mac eta ('r V- CUPERTINO SANTA CLARA COUNTY CALIFORNIA � Q ,�� PREPARED FOR: ROMAN CATHOLIC DIOCESE OF SAN JOSE eii `� PLAT: SCALE: DATE: JOB #: �/� nRJD /� �n 1"= 60' 05-04-12 3305-10 . 530 Q* °,cI�I CI.� Lr H &SSOC��"�1 S 47 ��\ CIVIL ENGINEERING • LAND SURVEYING FOF CA��� 965 CENTER STREET SAN CARLOS CA 94070 (650) 593-8580 N 28'02'00" W 180.21' (TOTAL) PROPERTY 53293' 8.70' N 61'58'00" 48 28 00" yy LINE (TYPICAL) �b 261.62' POINT OF C ,moo. - - BEGINNING ¢76' �_ S 4828'00" E 161.23' 0���°j SEGMENTT#1 7 R=48.00' — —}- D=54 23'50" ."•■ I L=45.57'�Ih rn o `� N 4828'00" W 163.98' a.Q.Q' a°'o R=33.00' % \ D=7831 27 " PROPOSED c°-� Z EASEMENT `` �3'o L=45.23' SEGMENT #1 s o TRUE POINT # `st.U-- OF BEGINNING 1 EASEMENT �" 3 SEGMENT #1 olh oh w ol^ _pl• o I S 41'01'03" W - '4- 6.04' 1 z N 4858'57" W 7.00' R=74.50' o-;o\ ` D=46'47'03" A L=60.83' >� T- A al N� PARCEL F " PROPERTY 705 MAPS 13-22 �°°� LINE (TYPICAL) \ \ ■ PROPOSED \s°s. °B. EASEMENT 'L\ 'T o R�S�, SEGMENT #1 °s_ \o._ �o \F, 4 °\ t \�\ \� x(59' `rte \ \ �`x `j o QP a 4Z-0�Ni_ t o EXHIBIT "B" \AND PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR STORMWATER MANAGEMENT FACILITY EASEMENT PURPOSES - PAGE 1 OF 2 (,)<C0<t,�- G . MQ�r& CUPERTINO SANTA CLARA COUNTY CALIFORNIA kki 'TO PREPARED FOR: ROMAN CATHOLIC DIOCESE OF SAN JOSE eltfrc) 111/ A. PLAT: SCALE: DATE: JOB #: RJD 1"= 60' 05-04-12 3305-10 * 7 530 'f Ed A dt-, ICD-0 al-AD assocutr e J›. N.- '�I $ CIVIL ENGINEERING • LAND SURVEYING F OF CA\-\� 965 CENTER STREET SAN CARLOS CA 94070 (650) 593-8580 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •1 State of California i • County of SA-NT/+ CLA2A y ♦ A • On /LIMY /l0 2°(Z before me, /<�RS ran/ Rr-,✓EE SOLAR-c./R , No7,4,e y Po 431-4 fate Here Insert Name and Titl4 of the Officer ' YJ personally appeared 7014fri Bole-O EN 1 1 Name(s)of Signer(s) who proved to me on the basis of satisfactory s• R� evidence to be the person( ] whose name( 'is re ;l subscribed to the within instrument and acknowledged to?ler/their me that(fi Yshe/they executed the same in i • authorized capacityies)-, and that by S • er/their signature,(* on the instrument the person(), or the entity upon behalf of which the • person($}acted, executed the instrument. • I 1. • ..:.,. KIRSTEN RENEE SOUARCIA I certify under PENALTY OF PERJURY under the v) �,, ` Commission# 1906898 laws of the State of California that the foregoing y i. Notary Public-California paragraph is true and correct. 1. \--r4 9 Santa Clara County M Comm.Expires Oct 4,2014 1. WITNESS my hand and official seal. 1. i. Signature:/L—"■• i- P q Place Notary Seal Above Signature of Notary Public k I. OPTIONAL p i Though the information below is not required by law, it may prove valuable to persons relying on the document I and could prevent fraudulent removal and reattachment of this form to another document. ?> Description of Attached Document g i 22SSS <-RtsTbREy Ar2ft/Er /4 -Co3 002 i Title or Type of Document: rToR/rlw4 TEA2 /lvpvA6-eAiEy✓T PAcie-izy EA SerfEtiT//}&P-Ec-,+/- -..,7l 2 2 0 . ( 14 Document Date: ,9 /L. 6 / i _ Number of Pages: 7 (• Signer(s)Other Than Named Above: _ i (i Capacity(ies) Claimed by Signer(s) i Signer's Name: Signer's Name: y • ❑ Corporate Officer—Title(s): El Corporate Officer—Title(s): ( y ( ❑ Individual RIGHT THUMBPRINT LI Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER q (♦ ❑ Partner—❑Limited ❑General Top of thumb here E1 Partner—❑Limited ❑General Top of thumb here • ❑ Attorney in Fact El Attorney in Fact s • ❑ Trustee El Trustee ❑ Guardian or Conservator El Guardian or Conservator i l ❑ Other: El Other: k t Signer Is Representing: Signer Is Representing: t. ti ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the easement agreement with The Roman Catholic Bishop of San Jose, a California 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: May 21, 2012 By: / Kirsten Squarcia City Clerk's Office