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20-124 Grant of Nonexclusive Drainage Easement, 22499 and 22449 Cupertino Rd APN 326-15-130, 326-15-133 & 326-15-123
24404389 Regina Alcomendras Santa Clara County - Clerk-Recorder NO FEE FOR RECORDING 02/13/2020 03:53 PM GOV'T. CODE SECTION 27383 Titles: 1 Pages: 8 Fees: a0.00 Taxes: 0.00 Total: $0.00 WHEN RECORDED RETURN TO: Dill kr f PA I It,FxWAMM,PNI V VA"'). 01111 City of Cupertino Public Works Department ) 10300 Torre Avenue ) Cupertino, CA 95014-3202 ) SPACE ABOVE FOR RECORDER'S USE ONLY THE UNDERSIGNED GRANTOR DECLARES: DOCUMENTARY TRANSFER TAX IS $ -0- unincorporated area X City of Cupertino X computed on full value of interest or property conveyed,or computed on full value less value of liens or encumbrances remaining at time of sale Governmental agency acquiring title. R&T 11922. GRANT OF NONEXCLUSIVE DRAINAGE EASEMENT 22499 and 22449 Cupertino Road APN 326-15-130,326-15-133 & 326-15-123 FRONT PORCH COMMUNITIES AND SERVICES, a California nonprofit public benefit corporation ("Front Porch"), grants to the CITY OF CUPERTINO, a California municipal corporation ("City"), a nonexclusive easement for public drainage purposes on, over, under, and across the real property as described in Exhibit A and shown in Exhibit B which is situated in the City of Cupertino, County of Santa Clara, State of California; and SUNNY VIEW LUTHERAN HOME, a California nonprofit public benefit corporation ("Sunny View") grants to CITY a nonexclusive easement for public drainage purposes on, over, under, and across the real property as described in Exhibit A and shown in Exhibit B, which is situated in the City of Cupertino, County of Santa Clara, State of California. Front Porch and Sunny View are herein referred to collectively as "Grantors" and individually as "Grantor." The above described public drainage easements (collectively, the "Easement") shall be kept open and free from buildings and structures of any kind except those public service structures related to drainage, irrigation systems and appurtenances thereto, and lawful fences. The Easement shall remain open and free of any obstructions to ensure conveyance of public storm waters through the surface and underground improvements owned and maintained by either Grantor, including the overland storm water conveyance path. All surface and underground improvements located within the Easement now or in the future (including but not limited to the culvert and bridge) which are constructed by either Grantor are owned and will continue to be owned by such Grantor. Each Grantor shall, at its sole expense, maintain the drainage improvements located on its property in good order and repair, and will ensure the improvements do not obstruct or lessen the conveyance of the public drainage path. Grantors and City acknowledge that this is a nonexclusive easement and each Grantor reserves for itself, and its successors and assigns, the use and enjoyment of the area of the Easement for all lawful purposes, provided that any such use by Grantors, and their respective successors and assigns, shall not interfere with the rights and privileges granted to City herein. The City shall have the right, but not the obligation, to enter Grantors' property to construct, repair, replace, expand and maintain (collectively, "Construct" or "Construction") the public storm drain system, in accordance with City standards and policies. The City shall notify the Grantor at least 48 hours prior to entering said property, except in the event of an emergency, as reasonably determined by the City Engineer, in order to protect public health and safety. All Construction activities on Grantor's property shall be performed in a good and workmanlike manner in compliance with all applicable laws. All such Construction work shall be performed so as to reasonably minimize disruption to Grantors or Grantors' use of the Grantors' property. City may remove, at Grantors' expense, Grantor-constructed improvements within the Easement area, including, but not limited to, culverts, bridges or sidewalks, to the extent reasonably required to enable the City to properly maintain the Easement in perpetuity. City will have no obligation to replace any such improvements it removes from the Easement area in kind, but Grantors may do so at their expense. During the period of such Construction by City, City shall i r i reasonably provide for the safety of all persons and property in and around the area where any ' Construction work is being performed. I The burden of the Easement granted by this Agreement shall be binding upon all of the E respective heirs, successors, and assigns of Grantors and City. All of the provisions of this s Agreement shall be covenants running with the land pursuant to applicable law. The Easement i granted in this Agreement shall be a perpetual easement. The Easement shall not be terminated or extinguished by any merger of title or otherwise. That certain easement for storm drainage purposes ("1963 Easement") granted by Sunny View to City pursuant to a Corporation Grant Deed, dated May 18, 1963,and recorded on May 28, 1963 as Instrument No. 241148 in Book 6041, Page 596, Official Records of Santa Clara County, California, shall be deemed superseded and vacated upon final passage of a Council resolution so providing and recordation of this Grant of Nonexclusive Drainage Easement with the County. 1� Each Grantor represents and warrants that such Grantor has the right, power and authority to 'q grant the Easement, and each Grantor and City represents and warrants that it has the right, l power and authority to enter into this Agreement. I In the event any part or provision of this Agreement shall be determined to be invalid or 1 unenforceable under the laws of the State of California, the remaining portions of this Agreement that can be separated from the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. y� IN WITNESS WHEREOF, executed this day of�/�/UvA�1 20. Owner: FRONT PORCH COMMUNITIES AND SERVICES, a California. nonprofit public benefit corporation By: Title: l 1 IN WITNESS WHEREOF, executed this ST day of 2020. Owner: SUNNY VIEW LUTHERAN HOME, a California nonprofit public benefit corporation By: Title• City P of Cupertino: �1a�a May Cy Ci rY CNU 1AJCCZ (Xotaiy acknowledgment to be attached) EXHIBIT 'A' CITY OF CUPERTINO DRAINAGE EASEMENT (LEGAL DESCRIPTION) BEING A DRAINAGE EASEMENT OVER THOSE PORTIONS OF PARCELS A AND B AS SHOWN UPON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON MARCH 08, 1978 IN BOOK 414 OF MAPS,AT PAGE 22,AND OVER A PORTION OF LOTS 23 AND 24 AS DESCRIBED IN A GRANT DEED RECORDED ON NOVEMBER 11, 2005 AS DOCUMENT NO. 18662647 IN SAID RECORDER'S OFFICE, LYING WITHIN THE FOLLOWING DESCRIBED AREA: COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL A, THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL A S86°10'31"W, A DISTANCE OF 8.53 FEET TO THE POINT OF BEGINNING; LINE"A" BEING A STRIP OF LAND, 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE „A„ THE SIDELINES OF SAID STRIP SHOULD BE PROLONGED OR SHORTENED SO AS TO BEGIN AT THE NORTHERLY LINE OF SAID PARCEL A; THENCE S03°01'39"W,A DISTANCE OF 16.99 FEET; THENCE S68°33'50"E,A DISTANCE OF 40.20 FEET; THENCE S07`35'37"W,A DISTANCE 108.98 FEET; THENCE S29°37'51"E,A DISTANCE OF 24.44 FEET; THENCE S02°19'33"W,A DISTANCE OF 19.95 FEET; THENCE S08°43'51"E,A DISTANCE OF 26.54 FEET; THENCE S00°36'00"W, A DISTANCE OF 1.00 FEET TO THE BEGINNING OF LINE"B"; LINE"B" SAID LINE"B" BEING A STRIP OF LAND, 15.50 FEET WIDE, LYING 7.75 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: THENCE S00°36'00"W,A DISTANCE OF 24.01 FEET TO THE BEGINNING OF LINE"C", LINE"C" SAID LINE"C" BEING A STRIP OF LAND, 10.00 FEET WIDE, LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: THENCE S00°36'00"W, A DISTANCE OF 18.74 FEET;THENCE S08°49'50"E,A DISTANCE OF 24.88 FEET; THENCE S05°18'01"W, A DISTANCE OF 22.90 FEET,THENCE S21°10'23"E,A DISTANCE OF 29.88 FEET, THENCE SO4°42'48"E, A DISTANCE OF 20.28 FEET;THENCE S00°5628"W,A DISTANCE OF 34.92 FEET;THENCE S19°27'06"W,A DISTANCE OF 8.20 FEET, THENCE S05°02'00"E,A DISTANCE OF 173.18 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF CUPERTINO ROAD, SAID POINT ALSO BEING THE POINT OF TERMINATION, THE SIDELINES OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT NORTHERLY LINES OF SAID PARCELS A AND B AND THE SOUTHERLY LINES OF SAID PARCEL B AND SAID LOTS 23 AND 24. CONTAINING 6,086.16 SQUARE FEET PLUS OR MINUS. THE ABOVE LEGAL DESCRIPTION IS DELINEATED ON EXHIBIT'B'WHICH IS MADE A PART HEREOF. THIS DOCUMENT WAS PREPARED BY ME 51r,0 D SCR` OR UNDER MY DIRECTION ON'.10/15/2012 NOILD WHITAKER ARN9�b J.WHITAKER LS 7883 L7883 EXPIRES: 3/31/2021 9�OFCALIFG� . i 1 EXHIBIT 'B' CITY OF CUPERTINO DRAINAGE EASEMENT ' P.M. BK. 225, PG. 8 I I POINT OF COMMENCEMENT 1 S86°10'31"W I I 8.53' NORTHEASTERLY CORNER ' 1 POINT OF PARCEL A, P.M. BK.414, PG. 22 - 1 BEGINNING __ L.1LINE DATA TABLE i IQ� SUNNY VIEW ; 1 11 LINE# LENGTH BEARING i 1�I LUTHERAN HOME � 10.00' LINE"A" ;1 _ L3 L1 16.99' S03°01'39"W uj 1 1Y� If— j , I DRAINAGE FRONT PORCH L2 40,20' S68°33'50"E Q EASEMENT COMMUNITIES w, i t6,086.16 S.F. � AND SERVICES L3 108.98' S07°35'37"W L4 D �uj w �j�—L5 L4 24.44' S29°37'51"E m 01 L6-4 L7=' LINE "B.. 15.50' L5 19.95' S02°19'33"W � Iw �, L8 1 PARCEL B O i Z i PARCEL A F L9 5.953t AC. L6 26.54' S08°43'51"E O ¢I ^ P.M. BK.414, � r 3.033t AC. L10 \ L7 1.00' S00°36'00"W T`Z P.M. BK. 414, L11 `� PG.22 PG. 22 L8 24.01' S00°36'00"W o l0 L12 \ Z I>- L13 L9 18.74' S00°36'00"W J� L141I L10 24.881 S0$°49'50"E L 15 1 TT- 1`` / L11 22.90 S05018'01"W L12 29.88' S21°10'23"E LINE"C" it L16 L13 20.28' S04042'48"E I LOTS 23 AND 24 L14 34.92' S00°56'28"W DOC. NO. 18662647, COUNTY 10.00' RECORDS �`� L15 8.20' S19°27'06"W 1 FRONT PORCH COMMUNITI:-ISL— GRAPHICL16 173-18' S05°02'00"EAND SERVICESPOINT OF TERMINATION CUPERTINO ROAD(FORMERLY STEVENS CREEK ROAD)C3i SCALE 100 0 100 200 ( IN FEET ) 1" = 100' CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 >�o�o � � �� e�te �o �ol� el� e� es�sxa��o��oo�lsi 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 1 County of J} On Z/ 2,6 before me, 0--- <S-n Dote Here Insert Name and Title of the Officer personally appeared �t Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose names) ar subscribed to the within instrument and acknowledged to me that fie the executed the same in his/her hei authorized capacity(ies), and that by his/he hel 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 MONICA M.RAMIREZ Notary Public-California paragraph is true and correct. 7 Los Angeles County f Commission#2193249 WITNESS my hand and official seal. My Comm.Expires May 20,2021 Sign atureqll-«' <�' • ' Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Docent Title or Type of Document: !1 -t Document Date: �� Number of Pages: Signer(s) Other 2�d e: Capacity(ies) Clai ed by Signer Signer's Name: Signer's Name: �- eCorporate Officer- TI e(s): &(Corporate Officer-Title(s): ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Si ne is Representing Si per is Representing: ,.xt,c x�.te J�. aa. _ w�c >E�Cr`i 404C 15111C�*rA:0$r'0;0Ic Ji""0r.b$:'d"w+.0Wga,116 w� Q svoa52,c*;*0*3*agv0*foaa1?its0i7FiF+4*owaAk'Y3vl'�v, &I;iC`w*C1ir...i& 0 ©2018 National Notary Association I' CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT �I A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to II� which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Clara I 111 I I On t6+.1 before me, Lauren Sapudar ,Notary Public, (1 lere insert name and title of the officer) personally appeared Cka S(p who proved to me on the basis of satisfactory evidence to be the xse?i(s) whose (s),Ware subscribed to the within instrument and acknowledged to me thatQ/she/they executed the same in 0/her/their authorized ca ' ies), and that byci;; /her/their guatum s)on the instrument th F��t1(s), or the entity upon behalf of which the Arse (s) acted, executed the instrument. 1 certify raider PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LAUREN SAPUDAR WITNE S my hand and official seal. aMy Notary Public•California Santa Clara County Commission/2247155 Comm.Expires Jun,22,2022 rgnat of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Anv acknowledgment completed in California mist 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 document is to be recorded outside of California. In such instances,any alternative (Title ordescripuonofattacheddocwnent) 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 California (i.e. certifying the authorized capacity of the signer). Please check the (rnit or description of attached document continued) document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document { Number of Pages Document Date signer(s)penoneRy appeared before the notary public for acknowledgment. 1� • 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,'sheidte,-is/ere)or circling the correct forms.Failure to correctly indicate this I information may lead to rejection of document recording. i ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. i 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 mast match the signature on file with the office of the county clerk. li ❑ Attorney in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. i ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a I corporate officer,indicate the title(i.e.CIA,CFO,Secretary). • Securely attach this document to the signed document I C JiV 2011 Prol ink Signing Sere r.Inc-All kthtr Reurvtd www TheProLmk com-Nationwide Notary semre