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E-526 Grant of Easement, San Jose Water Company (reference E-519) RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Cupertino 10300 Torre Drive Cupertino, California 95014 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF EASEMENT F~~R TRAIL PURPOSES THIS GRANT OF EASEMENT FOR TRAIL PURPOSES ("Agreement") is made effective as of this 30~'" day of °_~~r~Z.~r~ 2002 by SAN JOSE WATER COMPANY, a California corporation ("Grantor") ;end THE CITY OF CUPERTINO, a municipal corporation ("Grantee"). RECIT~~LS A. Grantor is the owner of that certain real property located in the City of Cupertino, County of Santa Clara, State of California, as more particularly described in Exhibit A attached hereto (the "Property"). B. Grantee has requested an exclu;~ive easement for the limited purpose of developing, maintaining, repairing and using a pedestrian, bicycle and equestrian trail through a portion of the Property more particularly described on Exhibit B attached hereto and more particularly depicted on Exhibit C attached hereto. C. Grantor is willing to grant the aforementioned easement to Grantee upon the terms and conditions set forth below. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Subject to ~'~ection 4 hereof, Grantor hereby grants to Grantee an exclusive easement over and acro:;s the eighteen foot (18') wide area more particularly described on Exhibit B attached hereto and more particularly depicted on Exhibit C attached hereto (collectively, the "Easement Ar~:a") for the limited purpose of developing, constructing, maintaining, repairing, replacing and using a pedestrian, bicycle and equestrian trail to be created by Grantee within such Easement .Area. The Easement Area may be used by Grantor and the general public subject to the restrictions or limitations set forth below. 1SC1564398.4 _ 1 _ 092302-12495003 2. Right of Entry. Grantor further ~~•ants to Grantee the right to enter onto the Easement Area for the purpose of constructing, reI-airing, maintaining and replacing a pedestrian, bicycle and equestrian trail and any improvements related thereto in the Easement Area. Upon completion of any construction, repair, maintena~ice or replacement of the trail improvements, Grantee shall remove all debris generated by such work and restore the area where the work occurred to a neat, safe and orderly condition. Grantee acknowledges and agrees that Grantor's granting of the easement under this Agreement does not create or impose on Grantor any obligation of any nature whatsoever to develop, construct, install, maintain, repair or replace any improvements in the Easement Area. Grantor shall not be obligated to protect, keep safe, secure or provide any security for any construction equipment or materials used or stored by Grantee in the Easement Area. Grantee acknowledges and agrees that Grantor shall not be obligated to insure Grantee's construction equipment or materiels stored in the Easement Area against injury, loss, theft, damage or destruction, and Grantee may maintain such insurance with respect thereto as Grantee deems necessary. Grantor shall not be r•°sponsible or liable for any injury, loss, theft, damage or destruction of or to Grantee's construction equipment or materials (or other personal property) stored in the Easement Area. Grantee hereby waives and releases Grantor from and against any and all claims, damages, liabilities, actions, liens, losses, causes of action, demands, penalties, costs or expenses (including, without lirr~itation, attorneys' fees and court costs) arising from, related to, or in connection with any theft, loss, damage, destruction, or injury to construction equipment, materials or other pers~~nal property stored in the Easement Area. Grantee shall prevent any mechanics' or materia;~,men's liens from being recorded against the Easement Area (or the Property) by reason of any construction, repair or maintenance work performed within the Easement Area, and to the exaent any such liens are recorded, Grantee shall immediately cause the removal of such liens at Grantee's sole expense. 3. Maintenance and Repairs. Grantee shall, at Grantee's sole expense, periodically inspect, maintain, repair, reconstruct and replace., as necessary, the trail improvements in the Easement Area to insure the safe and secure operation of the same. If Grantee or its agents, employees or contractors should damage any portion of the trail improvements in the Easement Area or any improvements on the Property, Grar..tee shall at Grantee's sole cost, immediately repair, reconstruct and restore such damaged portion to substantially the condition it was in immediately prior to the occurrence of such damage. 4. Uses Reserved by Grantor. Grantor hereby reserves for itself and all successors in title to the Property, and each of their respective agents, employees, tenants, contractors, sub- contractors, licensees, invitees and assigns, the right to use and enjoy the Easement Area for any purpose or use which does not unreasonably interfere with Grantee's use of the Easement Area. Grantor specifically reserves the right to maintain, inspect, repair, reconstruct and replace the existing water pipeline running across the Easemerrt Area adjacent to Saratoga Creek. Grantee's use and operation of the pedestrian, bicycle and equestrian trail and construction, maintenance and repair of the trail improvements in the Easement Area shall be conducted in a manner that does not interfere with Grantor's use and enjoyment of the remainder of the Property. 5. Insurance and Indemnity. Grantee shall maintain insurance in connection with Grantee's use and operation of the Easement Area, and the construction, maintenance, and repair 1SC1564398.4 _2_ 092302-12495003 of the trail improvements therein, including a policy or policies of commercial general liability insurance insuring against personal injury, death or property damage arising from the use of the Easement Area by Grantee or the public, as follows: Workers Compensation Liability In accordance with the Worker's (:ompensation Act of the State of California - 9~ 1.0 million er occurrence Public Liability -either commercial general (:ombined single limit of $1.0 million per liability or comprehensive general liability; occurrence; $2.0 million in the aggregate including provisions for contractual liability, personal injury, independent contractors and ro ert dama a covera es. Builder's all Risk ~~rriount equal to 100% of the contract price laid $25,000 deductible is allowed. Automobile Liability - comprehensive (~ombined single limit of $1.0 million per covering owned, non-owned and hired occurrence. automobiles Such insurance shall (i) specifically name Grantor as an additional insured, (ii) not be canceled or the coverage or liability limits reduced without tltirty (30) days prior written notice to Grantor, (iii) insure the indemnity obligations of Grantee as set forth below, and (iv) provide coverage which is primary to any coverage carried by Ov;~ner and not in excess thereto. Grantee shall deliver insurance certificates to Grantor prior to a~iy entry onto the Easement Area by Grantee or any of its contractors or agents. Grantee shall indemnify, defend and hold harmless Grantor and its agents, employees, officers, directors, successors and assigns from and against all claims, liabilities, damages, losses, liens, actions, judgments, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and court costs) arising from, or related to, the use of the Easement Area by Grantor or the general public in connection with, or related to, or arising out of their use, construction, maintenance, repair or replacement of the Easement Area or the trail improvements therein, except that the foregoing indemnity shall not apply to liability to the extent caused by the negligence or willful misconduct of Grantor. 6. Term. The term of this Easement shall commence on the date first set forth above and shall continue until terminated by the agreement of Grantor or Grantee or the dedication in fee of the Easement Area by Grantor to Grantee (without any obligation on the part of Grantor to grant a dedication in fee or for Grantee to accept a dedication in fee). 7. Attorneys' Fees. In the event of am/ dispute between the parties hereto concerning this Agreement or any provision herein or the rigrits and obligations of the parties hereunder, the party prevailing in such dispute shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as attorneys' fees and court costs. 8. Binding on Successors and Assigns. The covenants and conditions contained in this Agreement shall run with the land and apply to and bind the successors in interest, successors and assigns of the parties hereto. 1SC1564398.4 _3 _ 092302-12495003 9. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 10. Entire Agreement. This Agreement, including Exhibits A B and C attached hereto and incorporated herein by this reference, constitutes the entire agreement between the parties with respect to the grant of easement hereunder. This Agreement may be amended, modified or supplemented only by a written document executed by Grantee and Grantor or Grantor's successor in title to the Property. IN WITNESS WHEREOF, this Agreerrient is executed as of the date and year first written above. GRANTOR: App v as to fo ity Attorney ATTEST: ~. City Clerk SAN JOSE WATER COMPANY, a California corpor tion By: Its: ~"~QL/?'~"~~~i Y L~r' ~ GRANTEE: CITY OF CUPERTiNO, a municipal corporation By: Its: M0""1~r 1SC1564398.4 _ 092302-12495003 _q, EXIilI3IT A LEGAL DESCRIPTION OF PROPERTY OLD REPUBLIC 'T'ITLE COMPANY ORDER NO. 517752-1,Z LIP DATE The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino, State of California, and is described as follows: COMMENCING AT A POINT IN THE CENTER OF DOYI,E ROAD, DISTANT THEREON N. 0~ 49' 51' W. 2224.51 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE CENTER LINE OF BOLLINGER ROAD; SAID POINT OF COMMENCEMENT BEING ALSO THAT POINT OF INTERSECTION OF THE SAID POINT OF COMMENCEMENT, LEAVING SAID CENTER LINE OF DOYLE ROAD N. 87` 39' 53" W. ALONG SAID SOUTHERLY LINE OF THE; LANDS OF TANTAU 135.00 FEET TO THE TRUE POINT OF BEGINNING OF THE DESCRIPITIOAI; THENCE FROM SAID TRUE POINT OF BEGINNING CONTINUING ALONG SAID SOUTHERLY DINE OF THE LANDS OF TANTAU N. 87~ 53' W. 170.00 FEET; THENCE LEAVING SAID LINE S. 18` 50' W. 130.37 FEET; THENCE S. 87` 39' S3" E. 180.08 FEET; THENCE N. 14` 30' E. 127.88 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH A RIGHT OF WAY FOR PUBLIC UTILITIES AND INGRESS THERETO AND EGRESS THEREFROM OVER A STRIP OF LAND 20 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND FIRST ABOVE DESCRIBED; THENCE FROM SAID POINT OF BEGINNING S. 18" 50' W. ALONG THE SOUTHWESTERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL ABOVE DESCRIBED, 20.86 FEET; THENCE S. 87~ 39' 53" E. PARALLEL WITH THE SOUTHERLY LINE OF SAID PARCEL OF LAND ABOVE DESCRIBED 181.68 FEET 'PO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY PROLONGATION OF THE EASTERLY .LINE OF SAID PARCEL OF LAND ABOVE DESCRIBED; THENCE N. 14~ 30' E. ALONG THE SAID SOUTHWESTERLY PROLONGATION OF SAID EASTERLY LINE 20.46 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL, THENCE N. 87~ 39' 53" W. ALONG THE SOUTHERLY LINE 1)F SAID PARCEL 180.08 FEET TO THE POINT OF BEGINNING. 375-23-038 13266 CR/CI/BF A376-17-038 NI rt-upd F.XHTRT'T R LEGAL DESCRIPTION OF EASEMENT AREA Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Portion of parcel of land described in the deecl to San Jose Water Works, recorded January 1, 1973 at Series Number 824935, S~~nta Clara County Records described as follows: A strip of land, 18 feet in width, the south line ~~f which is described as follows: Beginning at the southwest corner of said Par~~el (SN 824935), said corner being the northwest corner of Lot 279, as said Lot is shc-wn on the map of Tract 1183, filed June 23, 1953 in Book 44 of Maps, page 11, Santa Clara County Records; thence South 87°39'53" East 180.08 feet along the southerl~i line of said Parcel (SN 824935) to southeast corner of said parcel (SN 824935). The sideline of said 18 feet wide strip shall be lengthened or shortened to extend entirely across said Parcel (SN 824935). Containing an area of 3,228 square feet, more or less. Attached hereto is a plat entitled Exhibit "C" ar~d by this reference made a part hereof. ISC1564398.4 _ 1 _ 092302-12495003 i/9~~o Z H z W lA W a H C~ O W z H H a H a U ~W U H ~ M W x ax W z a- 0 U U H H a ~1 / / / / / / / / / r-- / / / / EXIST. PU EASEMEN" / RECORDEC Lr~1~1DJ Jr r~r J1JJr;-1 7 -2' EXISTING WOOD FENCE RETAINING WALL SYSTEM (TO REMAIN) EXIST. PAC BELL :2oD/e / '~-~_~--=- _ _,~_ S 8T39'S3" E 1 70.00' / / X74. / / 10' ' ~`~---~------1-- / / / / /~~ ^7 PROPOSED WATER ~ / ~ / // Q ~° h /~ PARCEL ONE LINE EASEMENT / /~, , / t 9,478 Gross SgFt / , i / /~ ti ~ t 7,496 Developable SgFt ~ `Qj/ / /^ ~ ~- Approx. Pad EI - 1201.3 VV / /n.~ ~ 17. Sloped Pod ~ilj~ ~l /Cv p ~r- '____ - -_-- ___-----~_--- Jl ~ /~ -~5- ~ /~/ ~ PROPOSED BLDG. 5' - - - - - --'-- I. / /O/ ~ SETBACK LINE (TYP.) - - - ~. - ~-^~- /- //yr / l lip, b SL OP FENCE ~YSTEM ~/. ~. ~ / / t 9,174 Gross S Ft q IP, .,.N / / / _/ p'_ / t 7,430 Developable SgFt /~ / / / ~~J{ Approl%PSoped P 4201.6 ~"'~% / / ~ ` // . / / ~XIST. 5'S~ / `Y // ~ SIDEWALK // ~ ~-'-----------~-----------------J/ / / / ~______ /_ _ _ ~- - - 1 O PROPOSED 18' DEDICATION / / / / - ____~_ _ `_ fFOR TRAIL ACCESS` / / / / ~` PROPOSED WATER HP / / ~LLUE EASMEN T / 1 T _ ~~ _ _ ' _" N• 8T39'S3' W 180.08--~~--' '' Ewsr. 20' ~ DRAINAGE ESMNT. EXIST. PUE AND DRAINAGE EASEMENT (TRACT 1183 - ------ ----- ----------- RECORDED 9/13/53, BOOK ------------- 2720. PAGE 412) --------------'L-- LAi~JJJ ~r /r)r ~y~ i SAN JOSE WATER LAND COMPANY 5ew:: ~'•~~.~ 374 WEST SANTA CLARA STREET a G. SAN JOSE, CA 95113 O~"AQ~' 137D Pro} Engr: P.O. G STATE OF CALIFORNIA ss. COUNTY OFS~`NTiS C1R~'fy' O~~'%r!"~ 3C,:~C.^, e before me,~~~y ~~, ~,~~~i ' personally I CAPACITY CLAIMED BY SIGNER appeared /~) - ~E'i ~, NF,'iC C. Rl_~'"fi personally known to me -OR- ^ ~auli!!!!l~ES... ~ r, ~.._ ~:.azE!lEnrn!luton~ ~ , •`. ' ~•, 3~~ fss,4r~A A. TAYLOR ~, CQhIM.:V~.1229991 g' ~•: C • r.": "'~ iiiLlC - CAUFaHNIA .: nU 1.a CLAflA COUNTY y °~~~ ,` ' " RES JULY 25, 2003 ~lHER:~~g:l~;87LE!lIIi15fS:?T!;1~!ERYOifllE!!f!!!!!! proved to me on the basis of satisfactory 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 authori~;ed 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. WITNESS my hand and official seal. SIGNATURE OF STATE OF CALIFORNIA COUNTY OF On appeared ss. before me, personally ^ personally known to me -OR- ^ proved to me on the b,~sis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrtument and acknowledged to me that he/she/they executed. the same in his/her/their authorized capacity(ies), and that by his/her/tht;ir signature(s) on the instlument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand a:zd official seal. SIGNATURE OF NOTARY Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ^ INDNIDUAL ~ CORPORATE OFFICERS(S) ~PF.'ESi~'L-NT RNC l: c D Title(s) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ^ INDNIDUAL ^ CORPORATE OFFICERS(S) Title(s) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies) 1SC1564398.4 _ 1 _ 092302-12495003