E-517 Easement Agreement for Drainage Purposes
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Public Works Director
Cupertino City Hall
10300 Torre Avenue
Cupertino, CA 95014-3202
EASEMENT A,GRE,E?'ZENT
FOR DRAINACiE PURPOSES
APN: 35:1-10-041
This Easement Agreement is made as of the ~`~'1 day of ~uC~,, 2002, by and
between CANYON HEIGHTS ACADEMY PROPERTIES, INC. ("Grant '"), and the CITY OF
CUPERTINO, a municipal corporation ("Grantee"), as follows:
1) Property Suhject to Easement. The property :subject to the easement (the "Easement Strip")
is described in Exhibit A and Exhibit B, attached hereto and incorporated herein by this
reference.
2j Grant of Easement. Grantor hereby grants to Grantee with respect to the Easement Strip the
right to excavate for, install, replace (of the initial or any other size), maintain and use for
drainage purposes such storm drainage facilities ~~s Grantee shall from time to time elect. In
using the Easement Strip, Grantee shall give due regard to the rights of Grantor to develop the
property of which the Easement Strip is a part, and shall not use the Easement Strip in any way
that will unreasonably impair the use of Grantor':; remaining property. The easement granted
herein is nonexclusive. All activities undertaken by CJrantee hereunder shall be at Grantee's sole
cost and expense.
3) Access Rights of Grantee. Grantor hereby further grants to Grantee the right and privilege to
enter upon its Iands contiguous to and along the line of the Easement Strip for the purpose of
locating, constructing, repairing, maintaining, or replacing said storm drainage facilities or
appurtenances thereto, for the purpose of doing airy necessary or lawful act in connection with
the construction or maintenance of said storm drainage facilities on the Easement Strip. There is
also granted the right of the use of sufficient land contiguous to the Easement Strip on either or
both sides thereof for the purposes of excavation ~~f and temporary deposit of earth and necessary
building material during the time of constructing ;paid storm drainage facilities and any repair
thereof. Any such entry and use of Grantor's pro-~erty pursuant to this paragraph shall be
\ALF\541007.3 - ~
confined to the minimum extent of Grantor's property necessary, and all work on such property
shall be commenced and finished expeditiously.
4) Repair Obligation. Grantee agrees to restore the ground surface and any improvements
thereon to its original grade or condition promptly upon completion of any work hereunder,
including the repair or replacement of any landscaping or other improvements upon the ground.
5) Insurance and Contractors. All contractors engaged by Grantee to perform any work or
otherwise enter upon Grantor's property shall be licensed by the State of California. Grantee
shall provide evidence satisfactory to Grantor that all such contractors engaged by Grantee
maintain the following insurance:
a) Commercial general liability insurance with limits of not less than $1,000,000 per
accident for bodily injury or property damage;
b) Automobile liability insurance with limits of not less than $1,000,000 per accident for
bodily injury or property damage; and
c) Worker's Compensation and employer's liability insurance with limits of not less than
$1,000,000 per accident for bodily injury and disease.
Grantor shall be named as an additional insured on each of said policies and Grantee shall deliver
certificates of said insurance from its contractors ,and subcontractors evidencing that such
insurance is in place prior to commencement of any work or entry upon Grantor's property
hereunder.
6) No Gift. Nothing contained in this Easement Agreement shall be deemed to be a gift of any
portion of the Easement Strip or any other properly owned by Grantor to the general public or for
public use.
7) Indemnity Grantee shall indemnify, defend and l.4old rn•antor, its officers, einpleyees,
agents, and successors and assigns harmless from and against any and all claims, damages,
expenses or liabilities (including attorneys' fees and disbursements) arising out of or in any way
connected with the installation, maintenance or repair of the facilities hereunder or with
Grantee's entry upon Grantor's property, including any act, omission or neglect of Grantee and
its respective agents, contractors, employees or invitees. The foregoing indemnity shall include
but not be limited to the defense or pursuit of any claim or proceeding involved therein, and
whether or not litigated and/or reduced to judgment. In case any action or proceeding be brought
against Grantor by reason of any of the foregoing matters, Grantee upon notice from Grantor
//
//
\ALF1541007.3 _~ _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
~C ss.
County of ..J Q/1 ~rQ~ ~•S c~J
On ~"~ -QoC ,before me, ~ U~~Ca ,
Date - / Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared ~ ~ Gt' / a. ~ ~~ Q ~~ c~ G~ £~` ,
Name(s) of Sign (s)
A. VEUISCO
Commiaton # 1?76?99
z hlotay Publlc - Ca9ioiNo
San Frandsco County
MyCortm• t~es5ep 9, 4D04
r~
[ ersonally known to me
^ proved to me on the basis of satisfactory
t;vidence
1:o be the person(s) whose name(s) is/are
:subscribed to the within instrument and
:acknowledged to me that he/she/they executed
t:he same in his/her/their authorized
t;apacity(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)
~~cted, executed the instrument.
~NITNE~y hand and official seal.
_ ~~-r~
Place Notary Seal Above Siynature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and re~3ttachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: _
^ Individual
Top of thumb here
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General
^ Attorney in Fact
^ Trustee
^ Guardian or Conservator
^ Other:
Signer Is Representing:
®1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-24C2 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
EXHIBIT "A"
DRAINAGE EASEMENT
All that real property situate in the City of Cupertino, County of Santa Clara, State of California, being
a portion of the parcel as described in that certain deed to Corballs recorded on June 28, 2000 as
Document No. 15294858, in the Office of the Recorder of Santa Clara County, more particularly
described as follows:
Commencing at a monument at Station 31+68.9' as shown along the monument line of Stevens
Canyon Road on that certain Record of Survey fileci ono~q 2001 in BookZ¢~of Maps at pages 2~'~
through 7.5, said county records;
Thence along said monument line, South 83°54'56'" East, 33.25 feet;
Thence leaving said monument line at right angles South 06°05'04" West, 14.07 feet to a point on the
southerly right of way line of said Stevens Canyon Road, said point also being the most westerly corner
of the above said parcel;
Thence along the southwesterly line of said parcel, South 58°41'16" East, 107.85 feet to the TRUE
POINT OF BEGINNING;
Thence leaving last said line, North O1°20'40" West, 45.53 feet to the beginning of anon-tangent curve
to the left from which point the radial center bears 1`dorth 02°48' 19" West;
Thence easterly along said curve having a radius o:F 178.49 feet, through a central angle of O1°59'49",
for an arc length of 6.22 feet;
Thence South O1°16'35" East, 37.87 feet;
Thence South 58°41' 16" East, 40.00 feet;
Thence South 31°18'44" West, 10.00 feet to a point on the said southwesterly line of parcel;
Thence along last said line, North 58°41' 16" West, -40.92 feet to the TRUE POINT OF BEGINNING.
Containing an area of 663 square feet, more or less.
A plat showing the above-described parcel is attachf;d herein and made a part hereof as Exhibit "B".
This description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
SAN D S~~ Dated: iOyG. Z~Zc~/
Billy Martin, LS 5797 ~~' G~,
License Expires 6/30/20 €' BILLY MARTIN °
K:~SuA9~990204~DWG1LegaIs~SCDRNEA4.da ~ `
fXP. 6!30/2004 ~ i
~, No. 5791 ~ ~~~
~ ~9TF o~~;'~Exhibit "A"
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P 1Vl ~1PS J ;;
sr
3~.~6 9g
POB
L1 S 31 18 44 W 10.00
L2 S 83'54'56" E 33.25'
L3 S 06'05'04" W 14.07'
CURVE TABLE
CURVE RADIUS DELTA LENGTH
C1 178.49 01'59'49" 6.22
-- - - EASEMENT LINE
--- - - MONUMENT LINE
OR - OFFICIAL RECORDS
POB - POINT OF BEGINNING
TPOB - TRUE POINT OF BEGINNING
(R) - RADIAL
Subject EXHIBIT B -DRAINAGE EASEMENT
~'k 540 Price Avenue STEVENS CANYON ROAD , CUPERT I NO
Redwood City, CA 9406 Job No. 990204
CO NS LILTING EN GINEE RS 650/482-6300 By WS Date 08 14 01 Chkd ML
650/482-6399 (FAX) /
SHEET 1 OF 1
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\ DOC N0. 15294858 ` C1
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S DRAINAGE EASEMENT ~I ~ «~
~~~ 1~ilA~ J ~srj, 663 sq. ft. `n ~
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COUNTY OF ~O `n
o SANTA CLARA ~~5, ° I ''cMo
N 7241 OR 721 \ O ~'
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BEARING DISTANCE TABLE LEGEND ` ~~9 >
LINE BEARING. LENGTH ~~
-- - - - PROPERTY LINE ~/~
PATiI: K: \Sur99\990204\DWG\PlotJegtls\ DATE: era/z001
OWC NAME: SCORNEA4 TIME: &57 a.m.
07/06/01
Lot name: SCDRNEA41
North: 80223.8030
Line Course: S 58-41-16 E
North: 80202.5376
Line Course: N 31-18-44 E"
North: 80211.0811
Line Course: N 58-41-16 W
IrTorth: 80231.8691
Line Course: N 01-16-35 W
North: 80269.7283
Curve Length: 6.2209
Delta: 1-59-49
Chord: 6.2202
Course In: N 04-48-08 W
RP North: 80447.5892
End North: 80269.3157
Line Course: S 01-20-40 E
North: 80223.8030
East:: 80302.
Length:: 40.9185
East:
Length:: 10.0000
East:
Length:: 40.0000
East:
Length:: 37.8686
East:
Radius:
Tangent:
Course:
Course Out:
East:
East:
Length: 45.5252
East:
8354
80337.7940
80342.9910
80308.8171
80307.9736
178.4874
3.1106
S 86-11-46 w
S 02-48-19 E
80293.0312
80301.7667
80302.8349
Perimeter: 180.5329 Area: 662.57260 sq.ft. 0.01521 acres
Mapcheck Closure - (Uses listed courses, radii, and deltas)
Error Closure: 0.0005 Course: N 89-31-50 W
Error North: 0.00000 East: -0.00050
Precision 1: 358,990.4821
~Q tAND
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BILLY IN °~
,K P. 2004 ~
No. 5791
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