E-820 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, APN 316-20-074 (19191 Vallco Parkway)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 27383
DOCUMENT: 23309619
I I
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
City
Pages: 23
Fees .... * No Fees
Taxes ...
Copies .. ___ _
AMT PAID
ROE ** 001
5/19/2016
11: 32 AM
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORMW ATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE, AND EASEMENT AGREEMENT
Apple Inc., a California Corporation
APN 316-20-074
~Original
D For Fast Endorsement
"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 interest in real property conveyed by the deed or grant
dated April 20, 2016, from
Apple Inc., a California Corporation
to the City of Cupertino, a governmental agency, is hereby accepted by order of the Public
Works Director, and the grantee consents to recordation thereof by its duly authorized
officer.
Dated:
By:
May 5, 2016
Lauren Sapudar
Senior Office Assistant
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk 's Office
10300 Torre Avenue
Cupertino , CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §6103
Space above this line for Recorder's use.
STORMWATERMANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
This STORMW ATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into this 20th day of
April, 2016, by Apple Inc., a California corporation ("Covenantor") and the City of Cupertino, a
municipal corporation ("City"). Covenantor and City are refeITed to collectively herein as the
"Parties" and each individually as a "Party."
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 stonn and
surface waters as set fo1ih in the City's Stonnwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as cmrently in effect and
as it may hereafter be amended, the "Ordinance").
B. The Covenantor is the owner of a certain tract or parcel ofland designated as APN 316-
20-074 (19191 Vallco Parkway) and more paiiicularly described in Exhibit A attached hereto
("Property").
C. The Covenantor desires to construct ce1iain improvements on the Prope1iy that may alter
existing stonnwater conditions on both the Property and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing stonn and
surface water flow conditions, the Covenantor is required by the City to build and maintain, at
Covenantor's expense, stonnwater management and trash capture facilities ("Facilities") as
more particularly desc1ibed and shown in the Stormwater Management Plan prepared by NteITa
Group and dated 11 /2/2015, which plan , together with any and all amendments , including future
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amendments , thereto (collectively, the "SWMP"), 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 the SWMP, and subject to execution of this Agreement, has
approved the SWMP.
AGREEMENT:
NOW, THEREFORE, in consideration of the benefits received and to be received by the
Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the
Parties hereby agree as follows:
1. Covenants Running With the Land; Property Subject to Agreement. All of the Prope1ty
shall be subject to this Agreement. The Parties intend that this Agreement shall run with the
land, shall be binding on Covenantor, its successors and assigns, and all parties having or
acquiring any right, title or interest in the Property or any portion thereof, and their respective
successors and assigns, and shall inure to the benefit of the City and its successors and assigns
regardless of whether City has any ownership interest in the Property or any portion thereof or
any property adjacent thereto. Every limitation, easement, obligation, covenant, condition , and
restriction contained herein shall be deemed to be , and shall be construed as a covenant running
with the land , and in addition, shall be construed as an equitable servitude , enforceable by any
owner of any portion of the Property against any other owner, tenant or occupant of the Property
or any portion thereof. Subject to the provisions of Section 9 below, each reference in this
Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or
any portion thereof.
2 . Responsibility for Installation, Operation and Maintenance. At its sole expense, the
Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance
with: (a) the Ordinance, (b) manufacturer's recommendations where applicable , (c) the SWMP
and any amendments thereto that have been approved by the City, and (d) all other applicable
federal, state and local laws , ordinances and regulations. Covenantor, on an annual basis, shall
prepare and deliver to the City Public W arks Director, a Maintenance Inspection Report in the
fonn attached hereto as Exhibit C or such other form as may be reasonably required by City from
time to time. The annual Maintenance Inspection Report shall identify all completed inspection
and maintenance tasks for the reporting period and shall be submitted to the City in order to
verify that inspection and maintenance of the Facilities have been conducted as required by this
Agreement. The annual report shall be submitted no later than October 15 of each year, under
penalty of perjury, to the City Public W arks Director or such other member of the City staff as
directed by the Public W arks Director. Covenantor shall provide in the annual report a record of
the volume of all accumulated sediment removed as a result of the treatment measure(s).
Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy
season; this inspection shall occur between August 1st and September 30 each year. More
frequent inspections may be required to comply with the maintenance standards. The results of
inspections shall be recorded on the Maintenance Inspection Report.
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3. Facility Modifications . At its sole expense , the Covenantor shall make such changes or
modifications to the Facilities as the City Engineer may reasonably dete1mine to be necessary or
desirable to ensure that the Facilities continue to operate as originally designed and approved.
Any changes or modifications to the Facilities may be made only with prior written authorization
by the City Engineer or his or her designee.
4 . Grant of Easement. Covenantor hereby grants to City a nonexclusive, perpetual ingress ,
egress , access and maintenance easement ("Easement") over the easement area as depicted and
described in Exhibit B attached hereto and incorporated herein ("Easement Area") for the
purpose of permitting the City, and its employees, agents , contractors , consultants , to inspect,
monitor, maintain, repair and replace the Facilities.
5. Facility Inspections by the City. At reasonable times, after not less than forty-eight ( 48)
hours' prior written notice, except in the event of an immediate threat to public health and safety
in which case no prior notice shall be required , and in a reasonable manner as provided in the
Ordinance, the City, its agents, employees , contractors, and consultants shall have the right of
ingress and egress to the Easement Area for the purpose of inspecting the Facilities to ensure
that the Facilities are being properly maintained, are continuing to perform in an adequate
manner (as reasonably determined by the City Engineer or his or her designee ), and are in
compliance with the Ordinance, the SWMP and any amendments thereto approved by the City
and all other applicable laws.
6 . No Barriers . While this Agreement is in effect, Covenantor shall not erect, nor permit to
be erected , any building or structure of any kind within the Easement Area, nor shall Covenantor
fill or excavate within the Easement Area without City's prior written consent which shall not be
unreasonably withheld, but may be conditioned upon such requirements as City Engineer
determines are reasonably necessary or desirable to ensure proper functioning of the Facilities.
7. Default and Remedies. If, following delivery of written notice from City and the
expiration of a thirty (30) day cure period (except in the event of an immediate threat to public
health and safety in which case Covenantor shall commence and complete corrective action as
soon as possible following receipt of notice from the City), Covenantor fails to correct any defect
in the Facilities in accordance with the approved design standards, the SWMP, the Ordinance,
and all other applicable state, federal, and local laws , rules, and regulations , or Covenantor
otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and
this Agreement, the City shall have the right upon delivery of forty-eight ( 48) hours' prior
written notice (except in the event of an immediate threat to public health and safety in which
case no notice shall be required) to enter the Easement Area for the purposes of maintaining and
repairing the Facilities at Covenantor's expense, and Covenantor shall be obligated to reimburse
City for the cost of all such work , including, without limitation, the cost of City staff time , within
thirty (30) days following City's delivery of an invoice therefor, together with documentation of
City's costs and expenses incurred in connection with the performance of such work. If such
costs are not paid within the prescribed time period , the City may assess Covenantor the cost of
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the work, and said assessment shall be a lien against the Property or may be placed on the
property tax bill and collected as ordinary taxes by the City. In addition to the foregoing , the
City may pursue any other remedies provided under law or in equity, including without
limitation, ex parte applications for temporary restraining orders, preliminary injunctions and
permanent injunctions enjoining any such violation or attempted violation or default, an order for
specific performance, civil and criminal penalties , and the remedies set forth in Sections
9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such remedies shall be cumulative and
not alternative.
8. Indemnity. The Covenantor shall defend, indemnify, and hold the City and its elected
and appointed officers, officials , employees , agents, representatives , contractors, vendors and
consultants (all of the foregoing , the "lndemnitees") hannless from and against any and all
claims, demands, liabilities, losses, actions, causes of action, suits, judicial or administrative
proceedings, damages for personal injury, bodily injury, death and property damage, costs and
expenses, including without limitation reasonable attorneys' fees, arbitration fees or costs, and
court costs, penalties, deficiencies, fines, orders, and damages (all of the foregoing, "Claims"),
arising out of or related to, or alleged to arise out of or be related to, the ownership, operation,
use of the Property or the construction, operation, maintenance , or failure to maintain , the
Facilities , except to the extent that any such Claim arises from the negligence or willful
misconduct of the City or any Indemnitee . Covenantor's indemnity obligations shall apply
regardless of whether any City insurance policies, self-insurance or joint self-insurance has been
determined to be applicable to such Claims and regardless of whether or not City has prepared,
supplied or approved of plans and specifications for the construction, installation, maintenance,
repair or replacement of the Facilities.
9 . Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above
shall be solely responsible for the performance of the obligations required under this Agreement
and for 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 Covenantor shall be released 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.
10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the
Property or any part thereof by the Covenantor to subsequent owners and assigns.
11. Termination and Release of Agreement. In the event that the City determines, in the
exercise of its sole discretion, at any future time that the Facilities are no longer required, then it
promptly shall so notify the Covenantor or its successors and/or assigns in writing , and at the
written request of the Covenantor, the City shall execute a termination and release of this
Agreement which the Covenantor shall cause to be recorded in the Official Records at
Covenantor's sole expense.
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12 . Miscellaneous.
12.1 Notices. Except as otherwise sp ecified herein , all notices , demands, requests or
approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties
at their respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other Party in accordance with this Section . All such notices shall
be sent by: (a) personal delivery, in which case notice is effective upon de livery; (b) certified or
registered mail , return receipt requested , in which case notice shall be deemed delivered upon
receipt if delivery is confirmed by a return receipt; ( c) nationally recognized overnight courier,
with charges prepaid or charged to the sender's account, in which case notice is effective on
delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or
certified mail, in which case notice shall be deemed delivered on the second business day after
the deposit thereof with the U.S. Postal Service .
City:
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Attention: Public Works Director
With copy to:
City of Cupertino
10300 Torre Ave .
Cupertino , CA 95014
Attention: City Attorney
Covenantor :
Apple Inc.
1 Infinite Loop, MS-l l 9DDC
Cupertino , CA 95014
12 .2 Attorneys ' Fees. In the event that either 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 entitl ed to reasonable
attorneys' or arbitrators' fees in addition to all other recoverable costs , expenses and damages .
12.3 Governing Law; Venue . This Agreement shall, in all respects , be governed,
construed , applied , and enforced in accordance with the laws of the State of California without
reference to its choice of laws provisions. Any dispute related to the interpretation or
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enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara
County, California.
12.4 Fwther Assurances . City and Covenantor shall each execute, acknowledge and
deliver to the other such other documents and instruments, and take such other actions, as either
shall reasonably request as may be necessary to fully effectuate the terms and provisions of this
Agreement.
12.5 Entire Agreement. This Agreement, together with the SWMP, constitutes the
entire agreement of the Parties with respect to the subject matter contained herein and supersedes
all prior written or oral agreements with respect thereto.
12.6 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 from the invalid or, unenforceable
provisions shall, nevertheless, continue in full force and effect.
12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must
be in writing. No waiver shall be implied from any delay or failure by City to take action on
any breach or default hereunder or to pursue any remedy allowed under this Agreement or
applicable law . No failure or delay by City at any time to require strict perfonnance by
Covenantor of any provision of this Agreement or to exercise any election contained herein or
any right, power or remedy hereunder shall be construed as a waiver of any other provision or
any succeeding breach of the same or any other provision hereof or a relinquishment for the
future of such election .
12.8 Recordation; Amendments. City, at Covenantor's expense, shall cause this
Agreement to be recorded in the Official Records of Santa Clara County, California ("Official
Records") promptly following execution hereof. This Agreement may be amended in whole or
in part only by mutual written agreement. Any such amendment shall be recorded in the Official
Records .
12 .9 Relationship of Parties. Neither Covenantor nor any of its contractors, emp loyees
or agents shall be deemed to be agents of City in connection with the performance of
Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or
shall establish the Parties as partners, co-venturers, or principal and agent with one another. City
neither undertakes nor assumes any responsibility or duty to Covenantor (except as expressly
provided in this Agreement) or to any third party with respect to the Facilities .
12.10 Headings; Construction; Statutory References. The headings of the sections and
paragraphs of this Agreement are for convenience only and shall not be used to interpret this
Agreement. This Agreement is the product of negotiation between the Parties. The language of
this Agreement shall be construed as a whole according to its fair meaning and not strictly for or
against any Party. Any rule of construction to the effect that ambiguities are to be resolved
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against the drafting party shall not apply in interpreting this Agreement. All references in this
Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the
State of California, or the City of Cupertino shall be deemed to include the same statute,
regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such
other provisions as may thereafter govern the same subject. The recitals above and exhibits
attached hereto are a substantive part of this Agreement and are hereby incorporated herein.
12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall
comply with all applicable legal requirements, including all federal, state, and local laws and
regulations (including City ordinances, regulations and resolutions, and requirements of other
agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this
Agreement, and obtain and maintain all necessary permits and licenses required in order to own,
operate and maintain the Facilities.
12.12 Liens. Covenantor shall pay, when due, all persons furnishing labor or materials
in connection with any work to be performed by or on behalf of Covenantor related to the
Facilities, and shall keep City's interests in the Easement Area free and clear of any related
mechanics' liens.
12.13 Joint and Several Liability. If Covenantor consists of more than one person or
entity, the obligations of such persons and entities shall be joint and several.
12.14 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, and all of which taken together shall constitute one
and the same instrument.
SIGNATURES ON FOLLOWING PAGE(S)
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IN WITNESS WHEREOF , the Parties have executed this Agreement as of the date first
above written.
APPROVED AS TO FORM:
COVENANTOR:
CITY:
CITY OF CUPERTINO , a municipal corporation
~~~orJ:~
Title: J)1 c-&.,~ af ~\/'oh~ l,&brt-45
(Notary acknowledgment to be attached)
CJ ~1,c /
~
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached ,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of S ~ ~°' }
On ~ 7-0 1 'Zotl.. before me, UJ..;tk ~
personally appeared ti ~ ,,.,._ ~d..t.Vl
who proved to me on the basis of satisfactory evidence to be the person(i) whose
nam ~) is/a ~ subscribed to the within instrument and acknowledged to me that
he/sh /tl~y executed the same in his/her/their authorized capacity(i ¢;), and that by
his/h r/t i)e ir signature~) on the instrument the person~). or the entity upon behalf of
which the person(l1} acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
JULIA KINST
WITNESS my hand and official seal.
_ Commission # 2002313
~ 1 M• Notary Public • California z
z Santa Clara County :!: J. • ~ ••• Mr ~oT ~· [x~r;s ;a2 2,s..2i1 il
(Nota ry Publi c Sea l)
INSTRUCTIO NS FOR COMPLETING THIS FORM
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DES CRIPT ION OF THE ATTACHED DOC UMENT if need ed, should be comp leted and a11ached to th e document. Acknowledg111ents fvv :\-c,v from o th er states may be completed fo r documents being sen t to that state so long ~ , M vJ_o.,; a s the wording do es not require th e Ca lifornia notWJ' to vio late California 11 ota 1y
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Number of Pag es 4 Doc ume nt Dat e_~~~
CAPACITY CLAIMED BY THE SIGNER g Individual (s )
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CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached ,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of S::'00-\Ct C\ u-ry }
On ~Or f I '> 1;;/U J<o before me, f ~ ":),\ \.f .?.0,tl;i~. ""'
personally appeared kr\S-£\cy :s ~
who proved to me on the basis of satisfactory ev~nce 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 signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted , executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNk and official seal.
Nota ry Public Signature (Notary Pub lic Se al)
INSTRUCTIONS FOR COMPLETING TIDS FORM
,.----------------------,.-<--------,,ION This f orm complies ll'ith curren t Ca lifornia s 1a 111 1es rega rd ing n otm y ll'Ord ing and,
DESCRIPTION OF THE ATTACHED DO CUM
(Title or desc rip tio n of att ac hed docume n
Number of Pages __ Do cument Date ___ ~
CAPACITY CLAIMED?Y T -
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2015 Version www _NotaryC lasses com 800-873-9865
if need ed , sh o uld be completed and a l/ach ed to the d oc ument, Acknoll'ledg men ts
from oth er s ta tes may be completed for d oc 11 111 en ts being sent to th a t s tate so long
a s th e ll'o rd ing does no t require th e Ca lifornia notmy to violate Ca lifornia 11 otm )'
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• State and Co unty in fonnation must be th e State and County wh ere th e d oc ument
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must a lso be th e same date th e ackn owledgme nt is completed,
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Impressio n m ust no t cove r tex t o r lin es, If sea l impression s mudges , re -sea l if a
s uffi c ient area pennits, otherw ise complete a di ffe rent acknow ledgment fo nn ,
• Signature o f th e no tary publi c m ust match th e signature on fi le with th e o ffic e of
th e co un ty clerk ,
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ac kno wledgm ent is not m is used or attached to a different doc um ent
•!• Ind icate title or typ e of attac hed doc um e nt, number of pa ges and d ate,
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co rporate offi cer, indi cate the titl e (i,e, CEO, C FO , Sec reta1y),
• Secure ly attach this doc um ent to the s ig ned doc ument w it h a stap le,
CERTIFICATE OF ACCEPTANCE
The interest in real prope1iy conveyed by the Stonnwater Management Facilities Operation,
Maintenance and Easement Agreement attached hereto dated April 20, 2016 , entered into by and
between Apple Inc., a California corporation, and the City of Cupe1iino, a municipal corporation,
is hereby accepted by the City of Cupe1iino by its authorized representative pursuant to authority
granted by Resolution No. 11-175 .
CITY OF CUPERTINO, a municipal corporation:
By:-~ -' Timm Borden, Director of Public Works
Exhibit A
PROPERTY
(Attach legal description of the Property.)
mmlBll"A ·
LEGAL DESCRIPTION
Real property In the City of CUPERTINO, County of Santa Clara, State of Callfornla, described as
follows:
PARCEL ONE:
ALL OF PARCEL 3, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED IN THE OFFICE OF THE
RECORDER OF THE COUN1Y OF SANTA CLARA, STATE OF CALIFORNIA ON MARCH 26, 1979, IN
BOOK 438 OF MAPS, PAGES 12 AND 13.
PARCEL TWO:
AN EASEMENT, OVER, UNDER, ALONG AND ACROSS THE FOLLOWING DESCRIBED REAL
PROPERTY, TO CONSTRUCT MAINTAIN AND USE, PEDESTRIAN AND VEHICULAR BRIDGES,
PIPELINES, UTILITY LINES, CONDUITS, AND APPURTENANCES THERETO, AS RESERVED BY
VALLCO PARK, LTD., A CALIFORNIA LIMITED PARTNERSHIP, FROM GRANT DEED RECORDED
DECEMBER 5, 1977 IN BOOK D318, PAGE 448, SERIES NO. 5861351 OFFICIAL RECORDS:
COMMENONG AT THE MOST EASTERLY CORNER OF PARCEL 2, BEING ALSO THE MOST
NORTHERLY CORNER OF PARCEL 3, AS SHOWN UPON THE PARCEL MAP RECORDED IN BOOK
325 OF MAPS, AT PAGE 12, RECORDS OF SAID COUNTY; THENCE ALONG THE GENERAL
NORTHEASTERLY LINE OF SAID PARCEL 3, S. 57° 03' 49' E. 115.00 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID LINE S. 57° 03' 49" E. 115.99 FEET TO AN
ANGLE POINT THEREIN, SAID POINT BEING ON A 266.00 RADIUS CURVE, THE RADIUS POINT
OF WHICH BEARS S. 77° 15' 48" E. FROM THIS POINT; THENCE NORTHERLY ALONG SAID
CURVE TO THE RIGHT, (CONCAVE TO THE EASD, THROUGH A CENTRAL ANGLE OF 13° 32' 58"
FOR AN ARC LENGTH OF 62. 90 FEET TO AN ANGLE POINT IN SAID LINE; THENCE CONTINUING
ALONG SAID LINES. 57° 02' 38" E. 43.58 FEET; THENCE LEAVING SAID LINE, S. 32° 56' 11" W.
600.12 FEET; THENCE ALONG A TANGENT CURVE m THE RIGHT, HAVING A RADIUS OF 372 .50
FEET AND A CENTRAL ANGLE OF 27° 37' 18' FOR AN ARC LENGTH OF 179.58 FEET TO A POINT
IN THE NORTHERLY LINE OF THE 100.00 FOOT WIDE STRIP NOTED AS "FUTURE VALLCO
PARKWAY'' ON SAID PARCEL MAP; THENCE ALONG SAID LINE N. 58° 14' 37" W. 86.02 FEET TO
A POINT HEREINAFTER REFERRED TO AS "POINT P"; THENCE CONTINUING ALONG SAID LINE
N. 58° 14' 37'' W. 61.08 FEET; THENCE LEAVING SAID LINE N. 31°45' 23" E. 39.42 FEET TO A
POINT ON A 227 .50 FOOT RADIUS CURVE, THE RADIUS POINT OF WHICH BEARS N. 20° 15' 54"
W. FROM THIS POINT; THENCE ALONG SAID CURVE TO THE LEFT, (CONCAVE TO THE
NORTHWEST) THROUGH A CENTRAL ANGLE OF 36° 47' 55" FOR AN ARC LENGTH OF 146 .11
FEET; THENCE N, 32° 56' 11" E. 539.09 FEET TO THE TRUE POINT OF BEGINNING.
APN: 316-20 -074
Exhibit B
EASEMENT AREA
(Attach diagram and legal description of Easement Area.)
EXHIBIT " B "
LEGAL DESCRIPTION
FOR: BIOTREATMENT EASEMENT AREAS
October 1, 2015
Job No. 15-013
Page 1of3
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, being a portion of Parcel 3 as shown on that certain Parcel Map filed for record
on March 26 1h , 1978 in Book 438 of Map, at Pages 12-13, Santa Clara County Records, being
more particularly described as follows:
AREA 1:
BEGINNING at the most northerly corner of said Parcel 3;
Thence South 05°23'25" East, 88.60 feet to the TRUE POINT OF BEGINNING;
Thence South 32°56' 11" West, 17.00 feet;
Thence South 57°03'49" East, 81.80 feet;
Thence North 32°56' 11" East, 17 .00 feet;
Thence North 57°03'49" West, 81.80 feet to the True Point ofBeginning.
Containing 1,391 square feet, more or less.
AREA2:
BEGINNING at the most northerly corner of said Parcel 3;
Thence South 31°38'08" East, 163.04 feet to the TRUE POINT OF BEGINNING;
Thence South 57°03'49" East, 84.50 feet;
Thence South 32°56' 11" West, 16.00 feet;
Thence North 57°03'49" West, 84.50 feet;
Thence North 32°56'11" East, 16.00 feet to the True Point of Beginning.
Containing 1,352 square feet, more or less.
AREA3:
BEGINNING at the most northerly corner of said Parcel 3;
Thence South 09°05'29" East, 790.53 feet to the TRUE POINT OF BEGINNING;
Thence North 89°31 '44" East, 30.50 feet;
Thence along a curve to the right having a radius of 5.00 feet, through a central angle of
180°00'00" for an arc distance of 15.71 feet;
Thence South 89°31 '44" West, 30.50 feet;
Thence along a curve to the right having a radius of 5.00 feet, through a central angle of
180°00'00" for an arc distance of 15.71 feet to the True Point of Beginning.
Containing 384 square feet, more or less.
D:\PROJECTS\20 15\ 15-013\DOCS\LEGAL DESCR/PTJONS\B/0-SWALE EASEMENT.docx
AREA4:
BEGINNING at the most northerly corner of said Parcel 3;
October 1, 2015
Job No. 15-013
Page 2 of 3
Thence South 00°14'41" East, 782.69 feet to the TRUE POINT OF BEGINNING;
Thence along a non-tangent curve to there right having a radius of 573.00 feet, and to which
point a radial line bears South 00°01 '05" East, through a central angle of 16°18'49" for an arc
distance of 163.15 feet to a point of reverse curvature;
Thence along a curve to the left having a radius of 4.25 feet, through a central angle of
180°00'00" for an arc distance of 13.35 feet to a point of compound curvature;
Thence along a curve to the left having a radius of 581.50 feet, through a central angle of
16°18'49" for an arc distance of 165.57 feet to a point of compound curvature;
Thence along a curve to the left having a radius of 4.25 feet, through a central angle
180°00'00" for an arc distance of 13.35 feet to the True Point of Beginning.
Containing 1,454 square feet, more or less.
AREAS:
BEGINNING at the most northerly corner of said Parcel 3;
Thence South 26°13'21" West, 753.09 feet to the TRUE POINT OF BEGINNING;
Thence South 57°04'04" East, 28.22 feet;
Thence along a curve to the left having a radius of 573.50 feet, through a central angle of
13°43'25" for an arc distance of 137.37 feet to a point ofreverse curvature;
Thence along a curve to the right having a radius of 5.50 feet, through a central angle of
180°00'00" for an arc distance of 17.28 feet to a point of compound curvature;
Thence along a curve to the right having a radius of 584.50 feet, through a central angle of
13°43'25" for an arc distance of 140.00 feet;
Thence North 57°04'04" West, 28.22 feet;
Thence along a curve to the right having a radius of 5.50 feet, through a central angle of
180°00'00" for an arc distance of 17.28 feet to the True Point of Beginning.
Containing 1,931 square feet, more or less.
As shown on EXHIBIT "B" attached hereto and by this reference made a part hereof.
Legal Description was prepared by Barber Surveying, Inc.
Date _0_2_0_ct_. _20_1_5 __
O:\PROJECTS\2015\ 15-013\DOCS\LEGAL DESCR/PTIONS\B/0-SWALE EASEMENT.docx
\
CUPERTINO
\
\
\
)
POINT OF
BEGINNING
17.0' BIOTREATMENT n
EASEMENT-"AREA 1"-_,·-1 r
1,391± SQ.FT.
u
16.0'BIOTREATMENT n
EASEMENT -"AREA 2"--·-1 r
1,352± SQ.FT.
u
PARCEL3
(438 M 12-13)
PLAT TO ACCOMPANY LEGAL DESCRIPTION Date:
FOR: BIOTREATMENT EASEMENT AREAS CALIFORNIA Scale:
OCT. 2015
1" = 120' oa lt~B.1.~"t Job No . 15-013
EXHIBIT "B" Sheet No.
1 OF 3 UiR:9Mm Baber ~\PllOfCIS\201 5\1'.>-0IJ\Olt\~Y\IU IS\00-SYiAl!\C -PL\1.d19 OCllllR 02, 2015 ~26 AM
713 Naoomis Court (925) 344-6461
Tracy, CA 95304
POINT OF
------------------- ------B-E-GINNING ~
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PLAT TO ACCOMPANY LEGAL DESCRIPTION
CUPERTINO FOR : BIOTREATMENT EASEMENT AREAS CALIFORNIA
EXHIBIT "B" om~a.8.!.~.~t
713 Nacomis Court (925) 344-6461
U!l:R:9ime Baber ~\l'llOJ:CIS\1015\11-ffiJ\Olli\~ITT\!1.AIS\llO-Sll'!ll\C-PlAT.dwg OCICID 02, 1015 ~lli All Tracy, CA 95304
Date: OCT . 2015
Scale : 1" = 30'
Job No. 15-013
Sheet No.
2 OF 3
N 57°04'04" W
28.22'
\
POINT OF
BEGINNING
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D=180000'00" s 26°1~'~1_ l/j _ +--I /
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I-EASEMENT -"AREA H 1,93 1± saFT
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/ s 89°31'44" w ~ /
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TRUE POINT OF
BEGINNING
"AREA4"
PLAT TO ACCOMPANY LEGAL DESCRIPTION Date: OCT. 2015
CUPERTINO FOR: BIOTREATMENT EASEMENT AREAS CALIFORNIA Scale: 1" = 50'
Job No. 15-013
Sheet No.
3 OF 3 U!il~ lklbo ~\Pl!OJ:CTS\101 5\l ~OIJ\Dlt\9JMY\PLI TS\llO-SWAU\C -f'Ll l.d19 OCllllR 01, 1015 ~16 All
EXHIBIT "B" oa l!a!.!.[~r
713 Nacomis Court (925) 344-6461
Tracy , CA 95304
OAK #4824 -01 68-6049 v4
Exhibit C
FORM OF MAINTENANCE INSPECTION REPORT
(to be ins erted)
1. Standing water
2. Trash and debris
3. Sediment
4. Erosion
5. Vegetation
6. Mu lch (if used)
7. Inlet/outlet
8. Miscellaneous
Water stands in the bioretention swale
between storms and does not drain within
24 hours after rainfall.
I Trash and debris accumulated in the
bioretention swale and around the inlet and
outlet.
I Evidence of accumulated sediment in the
bioretention area .
I Channels have formed around inlets , there
are areas of bare soil , or there is other
evidence of erosion.
Vegetation is dead, diseased, or overgrown.
Mulch is missing or patchy . Areas of bare
earth are exposed or mulch layer is less
than 3 inches deep .
Sediment or debris accumulations .
Any condition not covered above that needs
attention for the bioretention swale to
function as designed.
!EXHIBIT Cl
Permit no . ------------------------
BMP location -----------------------
Resp on s i b I e party----------------------
Phone number ( __ ) Email-----------
Responsible party address ___________________ _
Date of Inspection _____________________ _
There should be no areas of standing water once
inflow has ceased. Any of the following could apply:
sed iment or trash blockages removed , grade from
head to foot of bioretention area improved, media
surface scarified , underdrains flushed in manner that
does not cause an illegal discharge .
Trash and debris removed from the bioretention
swale and disposed of properly.
Material removed so that there is no clogging or
blockage. Material is disposed of properly.
Obstructions and sediment removed so that water
flows freely and disperses throughout the
bioretention swale. Obstructions and sediment are
disposed of properly.
Vegetation is healthy and attractive . Grass is
maintained at least 3 inches in height.
All bare earth is covered, except mulch is kept
6 inches away from trunks of trees and shrubs.
Mulch is even at a depth of 3 inches .
Inlet/outlet is clear of sediment and debris and
allows water to flow freely.
The design specifications are met.
a. Attach copies of available supporting documents (photographs , copies of maintenance contracts , and /or maintenance records).