E-514 Grant of Public Utility Easement, Tract 7953, Lot 7 (reference E-507)
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Cupertino City Center Owners Association
c/o Prometheus Real Estate Group, Inc.
350 Bridge Parkway
Redwood City, CA 94065
Attn: Chief Financial Officer
(Space above line reserved for Recorder's use only)
GRAN'lf OF
PUBLIC UTII.TI'Y EASEMENT
CUPERTINO CITY CENTER OWNERS ASSOCIATION, a California corporation ("Grantor"), as the
owner of certain real property located in the City of Cupertino, County of Santa Clara, State of California
(the "Property"), hereby grants to the CITY OF CUPERTINO, a municipal corporation ("Grantee"), the
right to excavate for, install, maintain and use for subsurface public utility purposes (the "Easement") as
Grantee shall from time to time elect, within a portion of the Property legally described on Exhibit "A"
attached hereto and incorporated herein by this reference (which portion of the Property so legally
described on Exhibit "A" attached hereto is referred to herein as the "Easement Area"), and which
Easement Area is approximately as depicted on Exhibit "B" attached hereto and incorporated herein by
this reference.
Grantor hereby further grants to Grantee the right and privilege to enter upon the Property
contiguous to and along the line of the Easement Area for the purpose of locating, constructing,
repairing, maintaining, or replacing said public utilities or appurtenances thereto, for the purpose of
doing any necessary or lawful act in connection with the construction or maintenance of said utilities;
there is also granted the right of the use of sufficient land within the Property contiguous to such
Easement Area on either or both sides thereof for the purposes of excavation of and deposit of earth and
necessary building material during the time of constructing said public utilities and any repair thereof.
The foregoing grant of the Easement is subject to the following express conditions:
(a) Grantor hereby reserves for itself, and its successors and assigns, the right to use
the Easement Area for any purposes which do not unreasonably interfere with the use and enjoyment of
the Easement for the purposes described above. Without limiting the generality of the foregoing, the
parties hereby agree and aclrnowledge that the Easement granted hereunder is for subsurface utility
purposes and that the Easement Area located above such subsurface utility improvements may be
improved and used for roadway purposes (as currently existing or hereafter modified) or other purposes
so long as the same do not materially interfere with such subsurface utility uses pursuant to the Easement
granted hereby.
(b) All improvements by Granter: or anyone claiming under Grantee pursuant to this
instrument shall be subsurface and shall not alter the ~~rade of the Easement Area.
LPG 37945 19969.1
(c) Grantee shall not suffer or permit to be enforced against any portion of the
Property, and within ten (10) days following receipt of request therefor from Grantor shall "bond" over
or otherwise dischazge, any materiahnen's, contractor, subcontractor's, or mechanics' liens arising out of
the work performed by or on behalf of Grantee or anyone claiming under Grantee pursuant to this
instrument.
(d) Grantee, for itself and on behalf of any successors or assigns who acquire the
Easement rights and obligations described herein, agn~es to indemnify, protect, defend and hold harmless
the Grantor, its successors and assigns from and flgainst any and all claims, demands, obligations,
expenses, liabilities, and costs, including, but not limited to, reasonable attorneys' fees and expenses, for
any property damage and bodily injury, sickness, di:ability, disease or death of any person or persons
arising directly or indirectly from use of the Easement Area by Grantee, the successors or assigns of
Grantee or any of their respective contractors, agents ~uld/or employees.
Failure to enforce any covenant, condition or ;restriction contained in this Easement Agreement in
any certain instance or on any pazticulaz occasion shall not be deemed a waiver of such right on any such
future breach of the same or any other covenant, condition and restriction.
All rights, options and remedies of the parties. hereto aze cumulative, and no one of them shall be
exclusive of any other, and Grantor and Grantee shill have the right to pursue any one or all of such
rights, options and remedies or any other remedy or relief which may be provided by law, whether or not
stated in this Easement Agreement or any amendment thereto.
Invalidation of any one or a portion of the provisions of this instrument by judgment or court
order shall in no way affect any other provisions of this instrument which shall remain in full force and
effect.
In the event any action is instituted by any party to enforce any rights, remedies or other
provisions of this instrument, the prevailing party in such action or proceeding shall be entitled to
reimbursement from the non-prevailing party for the disbursements incurred by the prevailing party in
connection therewith and for the reasonable attorney:' fees and costs of the prevailing party as fixed by
the court. In addition to the foregoing awazd of attorneys' fees and costs to the prevailing party, the
prevailing party in any lawsuit on this instrument shall be entitled to its attorneys' fees and costs incunred
in any post judgment proceedings to collect or enforce the judgment. This provision is sepazate and
several and shall survive any merger of this instrument into any judgment on this instrument.
This instrument shall be governed by and construed in accordance with the laws of the State of
California.
This instrument contains the entire understanding and agreement between the parties hereto,
regazding the subject matter hereof and may only be modified in a writing signed by the parties hereto, or
their respective successors in interest.
LPG 37945 19969.1
Any notice, consent or approval required or permitted to be given under this instrument
shall be in writing and shall be deemed to have been given upon (a) hand delivery, (b) one
business day after being deposited with FedEx or ;mother reliable overnight courier service for
next day delivery, or (c) two business days after being deposited in the United States mail,
registered or certified mail, postage prepaid, return receipt required (provided that a copy of any
such notice or demand so sent by United States Ce;rtified Mail shall be concurrently sent by
facsimile transmission), and addressed as follows (or to such other address as either party may
from time to time specify in writing to the other),:
To Grantor:
Cupertino City Center Owners Association
C/o Prometheus Real Estate Group, Inc
350 Bridge Parkway
Redwood City, CA 94065-1517
Attn: Chief Financial Officer
Facsimile (650) 596-5377
To Grantee:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Attn: City Attorney
IN WITNESS WHEREOF Grantor and (Irantee have executed this instrument as of the
15~' day of March, 2002.
Grantor:
CUPERTINO CITY CENTER OWNERS
ASSOCIATION, a California corporation
By:
Grantee:
CITY OF CUPERTINO,
a municipal corporation
By:
Print Name: John J. Murphy
Its: Vice President
Date: Mazch 15 2002
By: ~Jc~
Print Name: Vicki R. Mullins
Its: Vice President
Print Name: Richard Lowenthal
Its: Mayor
Date:
By:
Print Name:
Its:
Date: Mazch 15.2002 Date:
APPROVED AS TO FORM:
City Attorney
Any notice, consent or approval required or permitted to be given under this instrument
shall be in writing and shall be deemed to have been given upon (a) hand delivery, (b) one
business day after being deposited with FedEx or ~~.nother reliable overnight courier service for
next day delivery, or (c) two business days after b~:ing deposited in the United States mail,
registered or certified mail, postage prepaid, return receipt required (provided that a copy of any
such notice or demand so sent by United States Certified Mail shall be concurrently sent by
facsimile transmission), and addressed as follows (or to such other address as either party may
from time to time specify in writing to the other),:
To Grantor:
Cupertino City Center Owners Association
C/o Prometheus Real Estate Group, Inc
350 Bridge Parkway
Redwood City, CA 94065-1517
Attn: Chief Financial Officer
Facsimile (650) 596-5377
To Grantee:
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
Attn: City Attorney
1N WITNESS WHEREOF Grantor and Grantee have executed this instrument as of the
15th day of March, 2002.
Grantor:
CUPERTINO CITY CENTER OWNERS
ASSOCIATION, a California corporation
By:
Grantee:
CITY OF CUPERTINO,
a municipal corporat' n
By:
Print Name: John J. Murphy
Its: Vice President
Date: March 15, 2002
By:
Print Name: Vicki R. Mullins
Its: Vice President
Date: March 15.2002
Print Name: Richard Lowenthal
Its: Mayor
Date: 2S Jy~~ 20o Z
By:
Print Name: ~a rn b ~ ~y ~t~ ~~
Its: ~~~~I C~er~L
Date: ~J l~r.~? z~ Z4O Z
APPROV AS TO F
J
City Attorney
STATE OF CALIFORNIA )
ss.
COUNTY OF __=S~N'~1~~~ L " ..,~,_.)
On ~~~~~ ~ '~.~ ~-- , ~9A_,-before rne, ~ra r ~ N ~~S c~~-- , a notary
public in anti for said State, personally appeared ~~. .S ~ r and
i f ; ~;4 ; ('~ . ~,~ ~~, ~,~ , personally (mown to me (or proved o me on the basis of
satisfactory evidence) to be the person whose name:(s) ;<ubscribed to the within instrument and
aclrnowledged to me that ey xecuted the same in hear eir~luthorized capaci ie and that
by hi~her~ie~signature(s) on the instrument the perion~, or the entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my han id official _
Signature
(Seal)
t~AARY NfrSCHI~
Cortxniasion ~ 1323017 Z
~ Notary PubilC - California ~
= San Matsn County
fiAy Comm. f~itas Sap 30, 2006
LPG 37945 19969.1
STATE OF CALIFORNIA r f ~ - , _ )
~X~/ ~..~ ss.
COUNTY OF ~-VL~GL-
On ~~ .2 S , 200, before me, v I~ ~~_ ~.(~~, a notary
public in and or said State, personally appeared ~, L and
personally l~~own to me
to be the person(.8)~'whose name(sj-is/a~e-subsefilied to the within instrument and
acknowledged to me that he/gke{~hey~ executed the same in his/herftheir authorized capacity(ies'f, and that
by his (s) on the instrument the p~~rsor4(e); or the entity upon behalf of which the
person(,aj-acted, executed the instrument.
WITNESS ~~d Cd off~ia~s~y~ ~~~`
Signature ,) ~"(, rr
GRACE E. JOHNSON
Commission ae 1T11312
($eal) ~ Notary Public - Cal'~fomla ~
Santa Clara County
MY Cs+r+m. F.~ef Feb T1, TOO:i
EXHIBTI' "A"
CUPERTINO CTfY CENTER
GRANT OF PUE EASEMENT
Real property k-cated in the City of Cupertino, County of Santa Clara, State of California,
being a portion of Lot 7, Tract 7953 Recorded. in book 571 of Maps at Pages 36 and 37,
Santa Clara County Records, more particularly ~descnbed as follows:
Beginning at the most easterly common corner of Lot 7 and Lot 2, ass said common
corner and lots are shown on said Tract 7953, thence North 89°06'04" West 129.96 feet
along the common boundary between Lot 2 andl Lot 7;
Thence North 00°53'20" East 5.50 feet;
Thence North 89°06'40" West 23.02 fast;
Thence South 00°53'20" West 5.50 feet;
Thence North 89°06'40" West 31.23 fast;
Thence North 00°53'20" East 5.00 feet;
Thence North 89°06'40" West 30.35 fa,t;
Thence South 00°53'20" West 5.00 feet.;
Thence North 89°06'40" West 58.44 fait;
Thence North 00°53'20" East 40.00 feet;
Thence South 89°06'40" East 270.00 feet along the common boundary between
Lots 1 and Lot 7;
Thence South 00°53'20" West 40.00 feet to thE: Point of Beginning.
7111/01 Page 1 of 1 CREEGAN + D'ANGELO
100002.3
STEVENS~ CREEK BLVD
0
m
N
Z
Q
W
saros'4o'E
~t B n -
I LoT . -
PER DOC. lssiu79 LOT 1
I ~ I I
~~_ _1~1, ~ roe ooa rssls2»
;~,~y, I I
I ~~; ~i~oo~ssYO'E I I
\ +- -
~ R+71.QI' ~ //T /
U.sr.sC $ /!%~ _ ' LOT 7 S
_ 0.,l7'Sr72' ~
-- -- ri4 •
!o :7aoo•
~'~ so'
!C \
4o'r -nsa: \
I I Lor 2 I. I
CALF AVE I , , ~ \ PER s7r MAPS s. I I
I ~ M )3 ~~ I ~ I--
I
~~ \ ~ ~~
81 ~ 1 \ I
' ~ I 9 "' I \ ~ ~ I
~ ~ ~~ W s~cc
I LOT 6 iZ ~ \`~-~ i
= PER DOC. 1~ 7! I ~~ LOT s \~r. I
I ~ $ PER 371 MAPS S6 \ I I
I I \ I I
~' r
~ ~w.iz ~ LOT 7 yj
' ,
', ~ PER 37f YAPS ss
~ -- -
N arOf'10' r'
I 20/..52'
I
I I
8
~ ~I
r
~ Lor s
PER 371 YAPS
I 16
I
I I
I RI
~ ~ ~
.. ~ ~I I
s _
n MI I
s aw'ro' E _ZOaSr
sx1!• ~ Lor 7
- sash c - -
AREA TO GRANTED
~s~1~s~/~ i w
CURVE TABLE
CURVE LENGTH RADIUS DELTA
C1J J1.59 20000 9'OT 02
C14 27.31 200.00 T49'21'
C13 16.90 JO.00 J?'16'06'
CREEGAN+D'ANGEL 0
Consulting C/vl/ and Shucturo/ Engineers
1075 N. TENTH STREET, SUITE 100
SAN JOSE CA 95112-2923
•.~ PHONE: 408-998-1234 FAX: 408-998-0944
SAN JOSE. FAIRFlELD. MONTEREY. PLEISANTON, SAN FRANCISCO CALIFORNIA
\ `
!o' \ so•
_ R era'4o' w _ _ :moo' _ _
for 7 g
~ PER s71 MAPS Ja
- M aros~io w - - t7aoo~- - ~
4
I
~
~' I I $
I _
I
Q8Q N
iil I
h
I LOT ! I S ',~ I
I PER s71 YAPS s6
;
)
MI I ~' 1
1
I
40' I -.-
_ s //'01'10' E _ _ 170.00' _
LoT 7 _ ,
-si1.s~-- -- -- ---
1o5.ss'
UNE TABLE
NNE LENGTH BEARING
18
17 00'
1
1
1 3'
DRAWN: BH
PLAT TO ACCOMPANY DESCRIPTION
GRANT OF PUE EASEMENT
scA~E : ~ -=100•
DATE: 7-11-01
SHEET 1 OF 1
REV:
RESOLUTI~~N N0.02-094
A RESOLUTION OF THE CITY C0IUNCIL OF THE CITY OF CUPERTINO
ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM
CUPERTINO CITY CENTER OWr1ERS ASSOCIATION; LOCATED AT
TRACT '1953, LOT 7
WHEREAS, Cupertino City Center Owners Association has executed a Grant of
Easement which is in good and sufficient form, conveying to the City of Cupertino,
Grantee, an easement for public utility purposes over the property situate in the City of
Cupertino, County of Santa Clara, State of California, more particularly described in
Exhibit "A" and Exhibit "B", attached hereon and made a part hereof.
All that certain real property situate in the City of Cupertino, County of
Santa Clara, State of California, loc~ited at Tract 7953, Lot 7.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
grant so tendered; and
BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized to record
said Grant of Easement.
PASSED AND ADOPTED at a regi.~lar meeting of the City Council of the City of
Cupertino this 20`~ day of May, 2002, by the; following vote:
Vote Members of the C~ Counci l
AYES: Lowenthal, Chang, James, Kwok, Sandoval
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
~~
City Clerk
APPROVED:
Mayor, Cit of Cupertino