E-877 Grant of Easement (Public Utility Easement), APN 316-20-121 24551159
Regina Alcomendras
RECORDING REQUESTED BY,AND Santa Clara County - Clerk-Recorder
WHEN RECORDED RETURN TO: 07/23/2020 11:38 AM
City of Cupertino Titles: 1 Pages: 11
0S(00 d,rve �Je Fees: $0.00
� ,I 2 Taxes: $0.00
Co Pe_y+ c) 2 C A , r}5-014 J°L-5s Total: $0.00
1111 i01�1I�,4 I1�500 "III III
Exempt from Recording Fees (Govt. Code §
27383)
(Space above this line reserved for Recorder's use only)
GRANT OF EASEMENT
(Public Utilities Easement)
API ; 3i6 -20- �21
FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby
acknowledged, VALLCO PROPERTY OWNER, LLC, a Delaware limited liability company, on
behalf of itself and its successor and assigns (collectively, "Grantor"), hereby grants to the
CITY OF CUPERTINO, a municipal corporation ("City" or "Grantee"), a public utilities
easement in,across,and through Grantor's real property located in Cupertino,California,and
described and depicted in attached Exhibit A and depicted in Exhibit B (the "Easement
Area"), which shall be referred to hereafter as the "Easement."
1. Nature of Easement. The Easement is a non-exclusive easement in gross for
public utilities purposes, together with the right, but not the obligation,to construct,
improve, repair, operate, and maintain any and all public utilities and related public
improvements ("Grantee's Facilities") in, on, under, along and across the real property
which shall be or become necessary for preservation of the public safety,welfare or
convenience, the right to excavate to access Grantee's Facilities from the surface of the
ground, and the right to place temporary facilities and equipment above ground in
connection with any emergency or repair work, as needed to maintain continuous utility
service (provided that any such temporary above-ground facilities or equipment shall be
maintained only so long as needed to address the emergency or perform the work). The
Easement Area is a portion of Grantor's real property described in attached Exhibit C (the
"Property").
2. Term of Easement. The Easement is perpetual unless terminated in
accordance with this section. The parties recognize that the purpose of the Easement is to
relocate existing public utilities to allow for the construction of the Vallco Town Center
Project approved by the City on September 21, 2018. If prior to the commencement of
demolition of the existing utilities, Grantor gives notice of its intent not to proceed with the
Vallco Town Center Project, this Easement shall terminate. Upon the termination, Grantee
shall cause to be executed, acknowledged and delivered on behalf of Grantee to Grantor a
quitclaim deed to evidence such termination.
17571.001 4846-2654-7391.1 1
3. Grantor's Reserved Rights. Grantor, on behalf of itself, its agents, contractors,
subcontractors, suppliers, consultants, employees, invitees or other authorized persons
acting for or on behalf of Grantor, including but not limited to any lessee and its tenants
(collectively, "Grantor's Agents"), reserves the right to use and install improvements on the
Property and the Easement Area, in any way not inconsistent with the above grant of
Easement, subject to the following:
a. Grantor shall not use the Easement Area or permit the same to be used
for any purpose or in any manner that will interfere with the proper use, function,
maintenance, repair, replacement of, or access to any of Grantee's Facilities.
b. Grantor shall not use the Easement Area for the erection of any
structure that will damage, interfere with, or endanger the proper use, function,
maintenance, repair or replacement of any of Grantee's Facilities.
C. Grantor shall indemnify and hold Grantee harmless for any damage to
any of Grantee's Facilities caused by Grantor, its agents, employees, or third parties that
Grantor has allowed to carry out construction projects, works of improvements, or
maintenance on the Easement Area and shall further indemnify, defend (with counsel
reasonably approved by Grantee), and hold Grantee harmless from and against any cost,
expense, liability, damage or injury to property or persons arising out of such damage.
4. Grantee's Use of the Easement. In undertaking maintenance work within the
Easement Area, Grantee shall use reasonable care to avoid causing damage to the Easement
Area and any of Grantor's property occupying that area. Grantee shall not be liable in any
manner, and Grantor hereby waives any claims, for damages arising out of Grantee's entry
onto or use of the Easement Area, except to the extent resulting directly from Grantee's
breach of its covenants in this Agreement or, as to any inconvenience, disturbance, loss of
business, or nuisance, from the gross negligence or willful misconduct of Grantee or its
contractors or agents.
S. Abandonment of Easement. Grantee may, at its sole option, abandon the
Easement by recording a quitclaim deed. Except as otherwise provided in this grant of
easement, upon recording such quitclaim deed, the Easement and all rights, duties and
liabilities hereunder shall be terminated and of no further force or effect. No temporary non-
use of the Easement Area or other conduct, except for recordation of the quitclaim deed as
provided in this paragraph, shall be deemed abandonment of the Easement.
6. Exhibits. The exhibits referenced in and attached to this Easement Agreement
are incorporated into and made a part of this Easement Agreement. Grantor and City
acknowledge that the precise locations described in the attached exhibits may change upon
construction of utility-related improvements in those locations. In such an event, Grantor
and City agree to work together in good faith to amend and restate this Easement Agreement
as needed to reflect the area required for the utilities as actually installed.
7. Easement Runs With the Land.The conditions and covenants contained in this
Agreement shall run with the land, burden the Easement Area and be binding on and benefit
17571.001 4846-2654-7391.1 2
Grantor and Grantee and their respective agents, successors and assigns unless earlier
terminated by written agreement of the parties or their respective successors and assigns.
8. Attorneys Fees. In any lawsuit to enforce any provision of this grant of
easement, each party shall bear its own costs and fees, except as otherwise provided by law.
4�
Executed as of this �:%t day of ): 20,,-
GRANTOR:
VALLCO reli
TY NER, LLC
A Delaw t , ility company
By:
Name:
Title: kt,I CLif��
17571.001 4846-2654-7391.1 3
Grantor and Grantee and their respective agents, successors and assigns unless earlier
terminated by written agreement of the parties or their respective successors and assigns.
8. Attorneys Fees. In any lawsuit to enforce any provision of this grant of
easement, each party shall bear its own costs and fees, except as otherwise provided by law.
Executed as of this ��' day of 20
GRANTEE:
CITY OF CUPERTINO
A municipal corporation
By:
Name: .S .fir
Title: / ,e z,t4 ' /4Grr
17571.001 4846-2654-7391.1 4
EXHIBIT "A"
LEGAL DESCRIPTION
A Public Utility Easement,being a portion of Parcel B, as said Parcel B is described and shown
in that certain Document entitled Lot Merger to Sand Hill Property Company,recorded January
14,2019 as Document 24097492,Santa Clara County Records,being more particularly described
as follows:
BEGINNING at the northwest corner of said Parcel B, said point being a point on the easterly
line of Wolfe Road,as said Wolfe Road is shown on that certain Document entitled Lot Merger
to Sand Hill Property Company,Recorded January 14,2019 as Document 24097492,Santa Clara
County Records,said point being also the southwest corner of Parcel B as said Parcel B is shown
on that certain Parcel Map filed in Book 804 of Maps,Page 22,Santa Clara County Records,said
point being the beginning of a non-tangent curve concave northerly with a radius of 528.00 feet,
from which the radius point bears South 1°39'13" East;
Thence,easterly along said curve through a central angle of 2°15'02" an arc distance of 20.74
feet along the northerly line of said Parcel B to a point of tangency;
Thence,North 86°05'45" East,119.28 feet;
Thence,North 88°54'46" East 55.94 feet;
Thence,North 1°05'14" West 25.28 feet;
Thence,North 88°54'46" East 30.04 feet;
Thence,leaving said northerly line of Parcel B South 1°05'14" East 87.38 feet;
Thence,South 88°54'32" West 222.75 feet;
Thence,South 26°1745" West 18.02 feet;
Thence,South 88°54'46" West 6.31' to a point on the westerly line of said Parcel B,also being a
point on the easterly line of said Wolfe Road;
Thence,northerly along said easterly line North 1°05'14" West,32.01 feet;
Thence,northerly and continuing along said easterly line of Wolfe Road North 15°06'31" East
41.27 feet to the POINT OF BEGINNING.
Said easement containing 14,887 square feet,more or less,as shown on Exhibit"B" attached
hereto and by this reference made a part hereof.
Exhibit "A"Legal Description, Sheet 1 of 1
This description was prepared by me or under my direction in conformance with the
requirements of the California Professional Land Surveyors Act.
LSD
.iK No. 9126
Q
CALI����~
K y ohnson,PLS 9126
Date: tober 5,2019
i
Exhibit "A"Legal Description, Sheet 2 of 1
0 20 40
LEGEND
SCALE: 1" = 40'
EASEMENT EXTENTS
LOT LINES ADJACENT
— — PROPERTY LINE
— — — — — — — — EXISTING ROADWAY EASEMENT
Sl V5'1 '
4 E 87.38
N88*54'46"E 30.04' PARCEL B
117,617± ACRES
DOC 124097492
N1 V5'14"W 25.28' O'
t9 - - - - - - - - - - - - - - - - - - -
;,r�r?r r l B' I EXISTING
a 0% kl J 2 ROAD EASEMENT
°a$ I (B526 OR 74)
VICINITY MAP 2
SCALE = NOT TO SCALE PUBLIC U11U1 I N
— — EASEMENT _ - - - - - - - - -
14,887f SQ. FT.
I r PARCEL B
I PUBLIC UTIUTY iDOC 124097492 1 8 I I I I , PARCEL B
=
EASEMENT -- --J I 17.617± ACRES
I14,8871 SQ. FT.
WOLFE ROAD I p I DOC #24097492
- - - - - - i
R=528.00' I
L=20.74' I
A=275'02" POINT OF j
BEGINNING
S2677'45 W 18.02
S1p�AL D s &71'--I S88'5446"W 6.31
z i' NfV5'14"W 32.01'
0. 126 WOLFE ROAD
OF CALZ�p
PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 'B"
CIVIL INGINIERS DATE:10 5 2019 SHEET
S A N D I S I sunverGRS SCALE: 1•=40' PUBLIC UTILITY
�LANNlRS DRAWN BY: NBB EASEMENT 1
� 1700 Winchester Bwlewrd,Campbell, CA 95008 1 P.408.636.0900 1 F. 408.636.0999 1 www.sandis.net APPROVED BY: KSJ P pwwiNCNa: CUPERTINO CA
• 215028 OF 1 SHEETS
Copyright C 2019 by Sandis
EXHIBIT C
Description of Grantor's Property
All that certain.real property lying in the City of Cupertino, County of Santa Clans,State of
California,being all of Parcels One,Two and Three as shown on that certain Lot Line
Adjustment recorded August 22,2006 as Document Number 19069106 in Santa.Clara County
Official Rmords,more particularly described as follows:
BEGINNING at the northeasterly corner of said Parcel Three;
Thence, along said Parcel Three South 60*16'27"East 123.59 feet(formerly 123.46 feet-per said
Lot Line Adjustment);
Thence, continuing along said Parcel 11 ree, South 01°05'l4"East 1049.61 fit to a point on the
northerly line of Vallr6 Parkway lying 55.00 feet Northerly of and perpendicular to the
monument line thereof-,
Thence,along said Parcel Three and Two, South 88'54'46"West 678.04 feet(formerly 678.00
feet per said Lot Line Ad jusUnent)to the beginning of tangent curve;
Thence, continuing along said Parcel Two on a eurve to the night having a radius of20.00 feet,
through a central angle of90°00'00", an arc length of 31.42 feat to a point of tangency,
Thence, continuing along said Parcels Two and One, said line being also the easterly lino of
Wolfe Road,North 01005114" West 1021.53 feet (1021.65 feet per said Lot Line-Adjustment),
Thence, wnthxuing along said Parcel One the folloAing four(4)coins:
(1) North 1500631"East,41.27 feet(formerly 41.30 feet per said Lot Line Adjustment),to
the beginning of a non-tangent curve, concave to the North to which a radial line bears
South 01'39'13"East;
(2) Easterly along said curve having a radius of 529.00 feet,through a central angle of
02°!5'02", an arc length of 20.74 feet;
(3)North 86*05'45"Fast, t 19.28 feet;
(4)North 88054146"East,55.94 feet to a point on the westerly line of said Parcel 3;
Thence,along said Parcel 3,North 01"0514"West, 25.28 feet;
Thence,continuing along said Parcel 3,North 8815446"Fast,384.58 feet to the POINT OF
BEGINNING.
17571.001 4846-2654-7391.1
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 5 74 &�4 )
On ,/, /6 ZL2,,2 before me, � _
(insert n6me and title of th6 officer)
personally appeared Flee I) ,
who proved to me on the basis of satisfacto 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 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. ,yam: ,f KATIE YAO
Notary Public-California Z
i Santa Clara County
o. Commission#2266120
_ My Comm.Expires Dec 5,2022
Signature - (Seal)
17571001 4810-4992-0191.1
CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT
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which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Santa Clara
On e Z.2 before me, Lauren Sapudar ,Notary Public,
(Here insert name and title of the officer)
personally appeared ig"I C. L.Q. ,
who proved to me on the basis of satisfactory evidence to be the rso (s) whose ai e(s)(D/are subscribed to
the within instrument and acknowledged to me that(Oshe/they executed the same in h—Wher/their authorized
4�ies), and that by /her/their atur (s) on the instrument the frs (s), or the entity upon behalf of
which the erso (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.
y w Y LAUREN SAPUDAR
WITNES my hand and official seal. `: Notary Public•California Z
Santa Clara County
_ Commission 9 2247155
My Comm.Expires Jun 22,2022
(Notary Seal)
S' atIn of Notary Public
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City of Cupertino I
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of j
Section 27281 of the Government Code.
i
This is to certify that the interest in real property conveyed by the deed or grant
dated 41e ro rLu?b from Vallco Property Owner,LLC, a Delaware 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: 1 �21 2O
By:
Roger Lee
Public Works Director