E-859 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 21020 Homestead Rd APN 326-07-020 RECORDING REQUESTED BY: 24200809
Regina Rlcomendras
City of Cupertino Santa Clara County - Clerk-Recorder
06/11/2019 01:25 yM
WHEN RECORDED, MAIL TO: CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
21020 Homestead Road, Cupertino, CA 95014
APN 326-07-020
O Original
For Fast Endorsement
"NO FEE"
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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 February 5, 2019 from Hedong LLC, a California limited liability company, to the
City of Cupertino, a municipal corporation, is hereby accepted by the undersigned on
behalf of the City Council of the City of Cupertino pursuant to authority conferred by
Resolution No. 11-175 of the City Council adopted on October 4, 2011, and the grantee
consents to recordation thereof by its duly authorized officer.
Dated:
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By:
Roger Lee
Acting Public Works Director
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Tone Avenue
Cupertino,CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE§6103
Space above this line for Recorder's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
21020 Homestead Road, Cupertino, CA 95014
APN 326-07-020
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into this 54�'day of
2�JCtS r, , 2019,by Hedong LLC, a California limited liability company, ("Covenantor") and i
the City a municipal corporation("City"). Covenantor and City are referred to
collectively herein as the"Parties" and each individually as a"Party."
RECITALS:
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This Agreement is made and entered into with reference to the following facts:
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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 Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and
as it hereafter be amended, the"Ordinance").
B. The Covenantor is the owner of a certain tract or parcel of land designated as APN 326-
07-020 and more particularly described in Exhibit A attached hereto ("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 and trash capture facilities ("Facilities") as
more particularly described and shown in the Stormwater Management Plan prepared by
Pavement Engineering Inc. and dated 4 2dl , which plan, together with any
and all amendments, including future amendments, t ereto (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 Property
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.
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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 Works Director, a Maintenance Inspection Report in the
form attached hereto as Exhibit C or such other form as may be 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 Works Director or such other member of the City staff as
directed by the Public Works 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 Ist 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.
3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or
modifications to.the Facilities as the City Engineer may reasonably determine 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 imme late 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 j
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
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. To the ftillest extent allowed by law, Covenantor shall indemnify and hold
harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees,
servants, consultants and volunteers (hereinafter, "Indemnitees") from and against any liability,
loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or
arbitration), resulting from injury to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
related to the ownership, operation, use of the area, maintenance, or failure to maintain, the
Facilities, or the Covenantor's performance or nonperformance of his/her duties under this
Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents,
employees, contractors, or subcontractors. Covenantor shall, at his/her own cost and expense,
defend any and all claims, actions, suits or legal proceedings that may be brought against the
City or any of the Indemnitees (with council acceptable to City) in connection with this
Agreement or arising out of Covenantor's performance or nonperformance of his/her duties and
obligations hereunder, except to the extent any of the foregoing is caused by the negligence or
willful misconduct of the CITY or the CITY'S agents, employees and independent contractors.
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.
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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.
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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 j
Covenantor's sole expense. I
12. Miscellaneous.
12.1 Notices. Except as otherwise specified 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 delivery; (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.
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C ity:
City of Cupertino _ l
10300 Torre Ave --
Cupertino CA 95014
Attention: Public Works Director
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With copy to:
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City of Cupertino
10300 Torre Ave
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Cupertino CA 95014 4
Attention: City Attorney
Covenantor:
Hedong LLC
1301 Sunnyvale Saratoga Rd
Sunnyvale, CA 94087
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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 entitled 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 1
reference to its choice of laws provisions. Any dispute related to the interpretation or
enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara j
County, California.
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12.4 Further 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 j
shall reasonably request as may be necessary to frilly effectuate the terms and provisions of this I
Agreement. j
12.5 Entire Agreement. This Agreement,together with the SWMP, constitutes the
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entire agreement of the Parties with respect to the subject matter contained herein and supersedes
all prior written or oral agreements with respect thereto.
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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 tenn 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 j
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 performance 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, employees
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
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 I
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.
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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.
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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 ONFOLLOWING PAGES)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
COVENANTOR:
By:
Te-Ning Chen, CEO
Hedong LLC
(Notary acknowledgment to be attached)
CITY:
CITY OF CUPERTINO, a municipal corporation
By:
Timm orden
Director of Public Works
(Notary acknowledgment to be attached)
ATTEST:
Grace chmidt
City Clerk
APPROVED AS TO FORM:
Aug City Attorney
APN: 326-07-020
Exhibit A
Legal Description
For APNlParce.l ID(s): 326-07-020
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO,.COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: j
PARCEL"B",AS SHOWN ON THAT CERTAIN'RECORD ORSURVEY OF A PORTION OF SOUTHEAST
1/4 SECTION 11,TOWNSHIP 7 SOUTH,RANGE 2 WEST,.M.D.B. &M SANTA CLARA COUNTY",FILED
SEPTEMBER 26, 1982 IN BOOK 167 OF MAPS,AT PAGES 23, SANTA CLARA COUNTY RECORDS..
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LEGAL DESCRIPTION
EXHIBIT"B"
STORMWATER MANAGEMENT FACILITIES EASEMENT
ALL THAT CERTAIN PROPERTY SITUATE IN THE CITY OF CUPERTINO, COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF AND LYING WITHIN
PARCEL "B"AS SHOWN ON THAT CERTAIN"RECORD OF SURVEY OF A PORTION OF THE
SOUTHEAST '/4 OF SECTION 11, TOWNSHIP 7 SOUTH,RANGE 2 WEST,M.D.B. &M., SANTA
CLARA COUNTY", FILED FOR RECORD SEPTEMBER 26, 1963 IN BOOK 167 OF MAPS AT
PAGE 23, SANTA CLARA COUNTY RECORDS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
S.M.F.E. - 1
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL "B", SAID
POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD OF ABOVE
MENTIONED RECORD OF SURVEY (167-M-23); THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL "B" (167-M-23), NORTH 68° 24' 55" WEST, A DISTANCE OF 2.96 FEET;
THENCE LEAVING SAID SOUTHERLY LINE,NORTH 01°12'14"WEST,A DISTANCE OF 0.54
FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD AS DESCRIBED
IN DOCUMENT NUMBER 9`�-JL,0613 TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND ACROSS SAID LAND THE
FOLLOWING SEVEN (7) COURSES:
1. NORTH 68024'55" WEST, A DISTANCE OF 23.85 FEET, PARALLEL WITH THE
SOUTHERLY LINE OF SAID PARCEL "B" (167-M-23),
2. SOUTH 89047'00" WEST, A DISTANCE OF 3.51 FEET, PARALLEL WITH THE
SOUTHERLY LINE OF SAID PARCEL "B"(167-M-23),
3. NORTH 18059'36" EAST,A DISTANCE OF 4.62 FEET,
4. NORTH 89059'31" EAST, A DISTANCE OF 11.15 FEET,
5. NORTH 00000'29" WEST,A DISTANCE OF 14.50 FEET,
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]:\CON]obs\15479-Homestead\101-Boundary and Topo\Survey\Office\CAD\Plats&Legals\15479-Homestead APN 326-07-020 LEGAL.doa
6. A CURVE TO THE RIGHT,HAVING A RADIUS OF 2.50 FEET,THROUGH A CENTRAL
ANGLE OF 90000'00" AND AN ARC DISTANCE OF 3.93 FEET,AND
7. NORTH 89059'31" EAST,A DISTANCE OF 9.90 FEET TO THE WESTERLY RIGHT-OF-
WAY LINE OF STELLING ROAD OF SAID DOCUMENT
THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD OF SAID
DOCUMENT c�LN; tTOlx;t3 SOUTH 01012'14" EAST, A DISTANCE OF 30.14 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 417 SQUARE FEET, MORE OR LESS.
S.M.F.E. -2
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL "B", SAID
POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD OF ABOVE
MENTIONED RECORD OF SURVEY(167-M-23);THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL "B" (167-M-23), NORTH 68° 24' 55" WEST, A DISTANCE OF 2.96 FEET;
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THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01°12'14" WEST, A DISTANCE OF
31.19 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD AS
DESCRIBED IN DOCUMENT NUMBER � � TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE OF SAID DOCUMENT
AND ACROSS SAID LAND THE FOLLOWING ELEVEN(5) COURSES:
1. SOUTH 89059'31" WEST,A DISTANCE OF 12.89 FEET,
2. SOUTH 00000'29"EAST, A DISTANCE OF 17.00 FEET,
3. SOUTH 89059'31" WEST,A DISTANCE OF 119.00 FEET,
4. NORTH 00000'29"WEST,A DISTANCE OF 41.00 FEET,AND
5. NORTH 89059'31" EAST,A DISTANCE OF 131.39 FEET, TO THE WESTERLY RIGHT-
OF-WAY LINE OF STELLING ROAD OF SAID DOCUMENT ;
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THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD OF SAID
DOCUMENT SOUTH 01°12'14" EAST, A DISTANCE OF 24.01 FEET TO THE
POINT OF BEGINNING.
CONTAINING AN AREA OF 5,183 SQUARE FEET, MORE OR LESS.
S.M.F.E.-3 - - ----
COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL "B", SAID
POINT LYING ON THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD OF ABOVE
MENTIONED RECORD OF SURVEY(167-M-23);THENCE ALONG THE SOUTHERLY LINE OF
SAID PARCEL `B" (167-M-23), NORTH 68° 24' 55" WEST, A DISTANCE OF 2.96 FEET;
THENCE LEAVING SAID SOUTHERLY LINE, NORTH 01°12'14" WEST, A DISTANCE OF
119.28 FEET ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STELLING ROAD AS
DESCRIBED II,�DOCUMENT I'T'(Jlv4BER 8-4a 016+l-3TO A CURVE, THENCE ALONG SAID
CURVE TO THE LEFT,HAVING A RADIUS OF 45.00 FEET,THROUGH A CENTRAL ANGLE
OF 15042'02" AND AN ARC DISTANCE OF 12.33 FEET; THENCE TO A NON-TANGENT
CURVE TO THE RIGHT,HAVING A RADIUS POINT WHICH BEARS NORTH 37048'55"EAST,
A RADIUS OF 16.00 FEET, THROUGH A CENTRAL ANGLE OF 52°28'25" AND AN ARC
DISTANCE OF 14.65 FEET; THENCE TO A NON-TANGENT CURVE TO THE LEFT,HAVING I
A RADIUS POINT WHICH BEARS SOUTH 55000'31" WEST, A RADIUS OF 45.00 FEET,
THROUGH A CENTRAL ANGLE OF 53049'21" AND AN ARC DISTANCE OF 42.27 FEET TO
THE SOUTHERLY RIGHT-OF-WAY LINE OF HOMESTEAD ROAD AS DESCRIBED IN SAID
DOCUMENT 9'qD-,b INk ) ;AND TO THE POINT OF BEGINNING;
THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF HOMESTEAD ROAD AS
DESCRIBED IN SAID DOCUMENT a-'' LZ-Y 3 AND ACROSS SAID LAND THE FOLLOWING
EIGHT (8) COURSES:
1. SOUTH 00000'27"EAST,A DISTANCE OF 12.22 FEET,
2. SOUTH 89059'33"WEST,A DISTANCE OF 63.00 FEET,
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3. NORTH 00°00'l l" WEST,A DISTANCE OF 11.53 FEET,
4. SOUTH 88048'50" EAST,A DISTANCE OF 0.58 FEET,
5. A CURVE TO THE RIGHT, HAVING A RADIUS OF 13.00 FEET, THROUGH A
CENTRAL ANGLE OF 21006'00"AND AN ARC DISTANCE OF 4.79 FEET;
6. A REVERSE CURVE TO THE LEFT,HAVING A RADIUS OF 17.00 FEET,THROUGH A
CENTRAL ANGLE OF 42012'00"AND AN ARC DISTANCE OF 12.52 FEET;
7. A REVERSE CURVE TO THE RIGHT,HAVING A RADIUS OF 13.00 FEET, THROUGH
A CENTRAL ANGLE-GF-21°06'0-0"AND RN—ARC-DISTANCE OF-4:79-FEET;- --—- - j
8. NORTH 01011'10"EAST,A DISTANCE OF 2.00 FEET, AND
9. SOUTH 88048'50" EAST, A DISTANCE OF 40.79 FEET ALONG THE SAID '
SOUTHERLY RIGHT-OF-WAY LINE OF HOMESTEAD ROAD AS DESCIBED IN SAID
DOCUMENT 949-Lb Yk3 TO THE POINT OF BEGINNING.
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CONTAINING AN AREA OF 744 SQUARE FEET, MORE OR LESS.
END OF DESCRIPTION
A PLAT MAP (EXHIBIT"B")IS ATTACHED HERETO AND MADE A PART HEREOF.
ASSESSOR'S PARCEL NO.: 326-07-020
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THIS LAND DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION,
PURSUANT TO CHAPTER 15, ARTICLE 3, SECTION 8726(L) OF THE PROFESSIONAL LAND
SURVEYORS' ACT, AND IN CONFORMANCE WITH DIVISION 2, CHAPTER 2, ARTICLE 1,
SECTION 66428(A)(2)OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA AND
SHALL OT BE UTILIZED IN ANY CONVEYANCE WHICH MAY VIOLATE SAID ACT(S) OR
LOCA ORDINAN . ES.
� � S��•LAND SU�y
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T.MAY PLS 857 D�TE _
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EXHIBIT " B"
HOMESTEAD ROAD (R/W VARIES)
7
P STREEi DEDICATION TO
PARCEL C
167 ROS 23
CITY OF CUPERTINO
P.O.B.-3 PER DOC. NO.
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PARCEL A DETAIL"A„ C&L INVESTMENTS, LLC o
167 ROS 23 N.T.S. DOC# 22591498 � c I 0
APN: 326-07-020 N z
PARCEL B
s I.F.E.-2 167 ROS 23 N
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F�f E. B,- o m � .AI.F.
183f SQ. .� SEE
P.O.C. / / / DETAIL
4d DETAIL B B
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N.T.S. SEE S.M.F.E-1 �_
THE VALLEY CHURCH OF SANTA 417t �� ETAIL
CLARA COUNTY »A»
DOC# 8661519 LINE TABLE P.O.C.
APN:326-07-030 NO. BEARING DIST.
L1 N68'24'55"W 2.96' �APeO i
RADIAL TABLE ` •°°'°'°°°S�'p�
L2 N01'12'14"W 0.54'
NO. BEARING u� (-0\44
" L3 N01'12'14"W 31.19'
R1 N73'05'46 E R=45,00 L4 NO1'12'14"W 0.50' �^
N37'48'55"E R=16.00'
R2 S55'00'31"W R=45.00' °
CURVE TABLE °° N0.65?0�.�� •�,�.
o S89'42'40"W R=16,15' NO. RADIUS DELTA LENGTH 'c °°°°•e•• ���` SCALE
r
C1 45.00' 53'49'21" 42.27' �� ��� 1" = 40'
C2 16.00' 52'28'25"1 14.65'
C3 45.00' 15'42'02" 12.33' SHEET 1 OF 4
LEGEND
P.O.B. POINT OF BEGINNING r Surveying by: Q
;n P.O.C. POINT OF COMMENCEMENT '�`� �LL I Surveys Services no
N R RADIAL BEARING and GII
o ( ) 2300 Clayton Road, Suite 1200
0 0 AREA OF DESCRIPTION Concord, CA 94520-2176
S.M.F.E. STORMWATER MANAGEMENT FACILITIES EASEMENT (925) 682-6976 -www.towill.com
EXHIBIT " B
STREET DEDICATION TO
CITY OF CUPERTINO
PER DOC. NO. ;42, W
C&L INVESTMENTS, LLC N89'59 31"E
DOC# 22591498
APN: 326-07-020 � \
PARCEL B o PARCEL C
167 ROS 23 a / 167 ROS 23
Z o
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N18.59'36"E 11.15' , j��,
w
4.62' S.M.F.E.-1 / z
417f SQ.FT.
J
y W
o N6824 SS W/ �-
2385, U0
Z
THE VALLEY CHURCH Or P.O.B.-1 L2
SAN-rA CLARA COUNTY P.O.C.
DC# 86615J9
0
APN:376-07-030
PARCEL A LINE TABLE
167 ROS 23 NO. BEARING DIST.
L1 589'47'00"W
VAND L2 N01'12'14"W 1 0.54'
CURVE TABLE
NO. RADIUS DELTA LENGTH
C1 2.50' 90'00'00" 3.93'
No.8570 SCALE
Cn
i .of,.........
Qf,° 1" = 10'
SHEET 2 OF 4
LEGEND Surveying by:
P.O.B. POINT OF BEGINNING pp
P.O.C. POINT OF COMMENCEMENT MWiLL I aurvayS Servvlces n0
N and �
® AREA OF DESCRIPTION 2300 Clayton Road, Suite 1200
z S.M.F.E. STORMWATER MANAGEMENT FACILITIES EASEMENT Concord, CA 94520-2176
(925) 682-6976 -www,towill.com
EXHIBIT " B"
STREET DEDICATION TO ^
CITY OF CUPERTINO LLJ
PER DOC. NO, ry
2-Q a cfv"k- 3 j
PARCEL B
167 ROS 23
131.39'
Q
N89'59 �1"E j /
S1'12'14"E
S.M.F.E.-2 24.01' z
/ ,5183f SUE /�
N0'00'29"W / ; // P.O.B.-2
W
o 41.00' ! C&L INVESTMENTS, LLC
w L1
DOC# 22591498 o z
M APN: 326-07-020 C)
/ / _
/S8959'31"W /V) N
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119.00, z
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THE VALLEY CHURCH Or P.O.C.
PARCEL C
SANTA CLARA COUNTY
0 DOC# 866J519 167 ROS 23
APN:326-07-030
V
PARCEL A
T 167 ROS 23 LINE TABLE
NO. BEARING DIST. N
IANds�� L1 S89'59'31"W 12,89'
� nj`•��``^�� L2 N01'1214"W 0.54
T S
n
No,6570 SCALE
% l�PFosCA��4° 1" = 20'
SHEET 3 OF 4
o LEGEND Surveying by:
P.O.B. POINT OF BEGINNING r po
N P.O.C. POINT OF COMMENCEMENT TQWiLL I SurvefinServlces n0
AREA OF DESCRIPTION and 6
S.M.F.E. STORMWATER MANAGEMENT FACILITIES EASEMENT Con Clayton Road, Suite 1200
o Concord, CA 94520-2176
(925) 682-6976 - www.towill.com
EXHIBIT "B"
N STELLING ROAD (R/W VARIES)
- E PARCEL C-- _ - -
167 ROS 23 P.O.C.
0
SEE SHEET 1
NO1'12'14"W �119.28'
STREET DEDICATION TO
CITY OF CUPERTINO PARCEL B
PER DOC. NO. 167 ROS 23
N U
ry
W W
CURVE TABLE
P.O.B.-3
NO. RADIUS DELTA LENGTH
C1 13.00 21'06'00" 4.79'
1-1 C2 17.00' 42'12'00" 12.52'
/ C3 13.00' 21'06'00" 4.79'
Q / C&L INVESTMENTS, LLC
�n % DOCK 22591498
oo w 16/ g APN: 326-07-020
0 N� LINE TABLE
00 j NO. BEARING DIST.
S � vi n/ L1 S00'00 27"E 12.22
N / m L2 N00'00'11"W 11.53'
m L3 S88'48'50"E 0.58'
`AND C3/ CO �� L4 NO1'11'10"E 2.00'
......... /
C2./
ES I SCALE
L3 C V'I 1" = 20'
{4Pe�oF'c ` : L2 SHEET 4 OF 4
LEGEND i Surveying by:
P.O.B. POINT`OF BEGINNINGurve yy po
P.O.C. POINT OF COMMENCEMENT MWILL I and G S Servlcesln�
N and 6
(R) RADIAL BEARING 2300 Clayton Road, Suite 1200
Z �/ AREA OF DESCRIPTION Concord, CA 94520-2176
S.M.F.E. STORMWATER MANAGEMENT FACILITIES EASEMENT (925) 682-6976 - www.towill.com
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CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
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State of California
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County of SANTA CLAD,
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On ®2-oG—Zol0y before me, ,�Cv�6y w��T��s°N ,Notary Public,
(Here insert name and title of the officer)
1_—personally_appeared
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l which the persQRfsj acted, executed the instrument.
!
ENA T OF PERJURY under the laws of the State of California that the foregoing paragraph
I cer Wify under j
is tr and co r ct.
ANDREW PATTERSON
WI S m a Icial seal. v
( _ Notar Public-California
Z `% Santa Clara County n
Commission r 2182322
I My Comm.Expires Mar 1,2021 l i
(Notary Seal)
gnature of Nota rc
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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 Santa Clara
1
On 27, 'Lo ty before me, Kirsten Squarcia ,Notary Public,
(Here insert name and title of the officer)
-personally-appeared
who proved to me on the basis of satisfactory evidence to be the person($') whose name(sl is/are subscribed to
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
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er o.r KIRSTEN SQUARCIA
WITNESS my hand and official seal. Notary Public•California{ ' _
Santa Clara County T
" Commission#2257322
My Comm.Expires Oct 4,2022 f
Signature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
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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 ;
properly completed and attached to that document. The only exception is if a 1
S�o is ct u N R y[ e— document is to be recorded outside of California.In such instances,any alternative
(Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
2-1 o 1,o 0,,,,�eS'—�„r� I�b a California(i.e. certifying the authorized capacity of the signer). Please check the
(Title or description of attached document continued) document carefidly for proper notarial wording and attach this farm if required.
Ir Number of Pages Document Date.y S • State and County information must be the State and County where the document
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signer(s)personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s)personally appeared which
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(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.
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❑ 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.
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