E-636 Stormwater Management Facility Easement Agreement, 20920 McClellan Rd APN 359-20-028
RECORDED AT THE REQEST OF ;i
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WHEN RECORDED RETURN TO: I
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.SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT E~GREEMENT
County Assessor's IParcel #359-20-028
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into on [L_ ay of Oc ~ 20~
by St. Jude the Apostle Episcopal Church in Cupertino, California, (hereinafter
jointly referred to as "GRANTOR") and ttie City of Cupertino, (hereinafter referred
to as "CITY").
The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility
Management Easement, as described in Exhibit "B" of this Agreement-
RECITALS:
This Agreement is made and eni:ered into with reference to the following
facts:
A_ GRANTOR is the owner of the real property and improvements located
within the City of Cupertino, Count~~ of Santa Clara, State of California
("Property"), as described in Exhibit "A" to this Agreement.
B. GRANTOR plans to improve: the Property by improving the motor
vehicle parking lots, driving lanes, and parking spaces on the Property to improve
pedestrian and vehicular safety on th~a Property, to provide more pedestrian
walkways on the Property, and to provide more convenient on-site parking on the
Property (hereinafter jointly referred to as "Parking Lot Improvement Plan").
C. As a condition of approving GRANTOR's Parking Lot Improvement
Plan, CITY requires that GRANTOR install, operate and maintain certain storm
water management facilities within the Property. The storm water management
facilities are shown in the Storm Water Management Plan prepared by Mission
Engineers, Inc- and dated August 24, :?009, which plans and any amendments
thereto, are on file with the Public WorN:s Department of the City of Cupertino,
California.
D. The CITY has reviewed :and has approved the Parking Lot
Improvement Plan and the Storm Water Management Plan, subject to the
parties' execution and recording of this Agreement. The Storm Water
Management Plan, Exhibit B, page 2 of ~! pages, depicts a new rectangular 24' x
28' storm drain infiltrator area near the S\N corner of the Property.
E. The GRANTOR, its successors and assigns, shall be responsible for
maintenance of these stormwater mana~3ement facilities in accordance with the
Storm Water Maintenance Agreement for this facility and the CITY's Stormwater
Pollution Prevention and Watershed Protection Ordinance.
F_ The GRANTOR desires to grant, and CITY desires to accept
GRANTOR's stormwater management facilities easement, on the terms and
conditions set forth below:
NOW, THEREFORE, the parties hereto srgree as follows:
1. GRANTOR grants to CITY a storm water management facilities
easement, consisting of a rectangular 2.4' x 28' storm drain infiltrator area near
the SW corner of the Property, as described in Exhibit "B" hereto (hereinafter
called "Easement"), on the following terms and conditions:
2. GRANTOR, its successors and assigns, shall be responsible for the
installation and maintenance of the storm water management facilities located in
the Easement in accordance with the parties' Storm Water Management
Facilities Operation and Maintenance Ag regiment.
3. The CITY, its successors and assigns, shall on at least 72 hours prior
written notice to GRANTOR, and at all reasonable daytimes Monday through
Friday, have a right to enter the Ea;>ement for the purpose of inspecting,
monitoring and notifying GRANTOR of any need for GRANTOR to modify,
maintain and repair the storm water management facilities within the Easement.
CITY shall exercise its Easement entry right with reasonable care, and
GRANTOR shall have no liability arisin~3 from CITY's negligence or intentional
conduct, or the negligence or intentional acts of any of the CITY's employees,
agents, representatives, contractors, vendors, or consultants, in monitoring and
inspection of the storm water managE~ment facilities Easement. The CITY
reserves the rights to access at any time for emergency response.
4. While this Agreement is in effect, GRANTOR, its successors and/or
assigns, will not erect nor permit to be erected any building or structure of any
nature whatsoever, nor fill or excavate within the easement without the CITY's
written consent-
.~
5. While this Agreement is in efi'ect, GRANTOR, its successors and/or
assigns, shall not excavate nor fill the Ea:~ement, other than as necessary to fulfill
its storm water facilities maintenance dui:ies to CITY under Paragraph 2. above,
without the CITY's written permission.
6. If the CITY determines in its sole discretion at some time in the future
that the storm water management facillity is no longer required, then at the
request of the GRANTOR, its successors and/or assigns, the CITY, its
successors and/or assigns, shall execute a Quitclaim Deed to the Easement and
a Release of this Agreement, that the GF:ANTOR, its successors and/or assigns,
shall record with the Santa Clara County (Recorder's Office, at its/their expense.
7. It is intended that the provisions of this Agreement shall run with the
land and shall be binding on all parties: having or acquiring any right, title or
interest in the storm water management facilities Easement property described in
Exhibit "B", or any portion thereof, and shall be for the benefit of each owner of
the storm water management facilities Easement property, or any portion thereof,
and shall inure to the benefit of and be binding upon each successor in interest of
the owners thereof. Each and all of the limitations, easements, obligations,
covenants, conditions, and restrictions contained herein shall be deemed to be,
and shall be construed as equitable serviitudes, enforceable by any of the owners
of any of the property, or any portion thereof, against any other owner, tenant or
occupant of the property, or any portion thereof.
8. GRANTOR shall defend, indemnify, and hold the CITY, harmless of and
from any and all claims, liabilities, actions, causes of action, and damages for
personal injury and property damage to CITY real property and CITY employees,
officials, officers, agents, representative:, contractors, vendors, or consultants,
including without limitation reasonable attorneys' fees, arbitration fees or costs
and court costs arising out of or related to GF:ANTOR's negligent failure and/or
intentional misconduct to maintain the storm water management facilities in
accordance with Paragraph 2. above, except to the extent that such claims,
liabilities, actions, causes of action, and damages arise out of or related to the
CITY's negligence, and/or intentional conduct, or the negligence or intentional
acts of any of the CITY's employees, off=icials, officers, agents, representatives,
contractors, vendors, or consultants.
9. In the event that any party institutes legal action or arbitration against
the other to interpret or enforce this .Agreement, or to obtain damages or
injunctive relief for any alleged breach hereof, the prevailing party in such action
or arbitration shall be entitled to reasonable attorneys' fees or arbitrators' fees in
addition to all other recoverable costs, expenses and damages.
10. This Agreement, the parties' Storm Water Management Facilities
Operation and Maintenance Agreement, GRANTOR's Parking Lot Improvement
Plan, GRANTOR's Storm Water Management Plan, City's Parking Lot
Improvement Plan Approval and CIT'Y's Storm Water Management Plan
Approval constitute the entire written agreements of the parties with respect to
the subject matter contained herein and ~:upersede all prior agreements, whether
written or oral. There are no representrations, agreements, arrangements, or
undertakings, oral or written that are not fully expressed therein. Amendments to
one or more of the plans and those amendments could be added and such
amendment would be binding.
11. This Agreement may be amended in whole or in part only by mutual
written agreement. Any such Amendrr~ent shall be recorded in Santa Clara
County, California. In the even any conflict arises between the provisions of any
such amendment and any of the pn~visions of any earlier document or
documents, the most recently duly executed and recorded amendment shall be
controlling-
12. In the event any part or I~rovision of this Agreement shall be
determined to be invalid or unenforceable under the laws of the State of
California, the remaining portions of this Agreement that can be separated from
the invalid or unenforceable provisions shall, nevertheless, continue in full force
and effect-
13. No Waiver: The waiver of any covenant contained herein shall not be
deemed to be a continuing waiver of the same or any other covenant contain
herein-
GRANTOR: St_ Jude the Apostle Episcopal Church in
Cupertino, California
By:
Past6r Karen iegfri t Its President
~s1--r2~c,st L_ CoL~s Its 5~'I~E---nP.iY~/
CITY: Gity o upe~~ Municipal Corporation
Approved As To Form= 13y- iD.Z?.04
~^ ~ ^ Its: o-~-
~~-e./`=K ~~ a sf- BY: 0 7I~
~` Its: G, Cl~~l-
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STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On JD~NID~T before me, c2sc ~' ~~a~~c~~ Notary Public, personally appeared Karen
Siegfriedt, who proved to me on the basis~at satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on the instrument tFie person, or entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under t oregoing
paragraph is true and correct. C/1itIY t.. Cl7/1NOll=it
WITNESS my hand and official seal. s Cortxnlr~lon N 1679674
Y Notary -udYC - CaYlorrMa
Signatur .~~al) SarMO Cloro CotxMy
My Comm. E>epws Nov 17,
STATE OF CALI RNIA
COUNTY OF S~lA/N.T-A,,.C~~LARA
On ~-~-~F-r-~' before me, C Notary Public, personally appeared
~~~ce,~ L;~,~~.o~C`.~:~~~ who proved to me on t basis o satisfactory evidence to be the person whose
name is subscribed to the within instrument and ackn~~wledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the person, or entity upon behalf of which
the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under ~y L. CHANDLER foregoing
paragraph is true and correct. Cammlssion # 7619874
WITNESS my hand and official seal. ~ Norory Pub11C - CaMtornka
Soma Clara Cotmty
Signatur ($eal) My C~~,.,, n_ ~~y« ~ 7 7,
STATE OF CALI RNIA
COUNTY OF SANTA CLARA
On before me, Notary Public, personally appeared
who proved to me on '[he basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same
in his/her authorized capacity, and that by his/her signature on the instrument the person, or entity upon
behalf of which the person 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.
Signature (Seal)
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On before me, Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same
in his/her authorized capacity, and that by his/her signature on the instrument the person, or entity upon
behalf of which the person 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.
Signature (Seal)
August 24, 2009
Job No. 09002
LEGAL DESCRIPTION
A PORTION OF SECTION 24, T. 7 5., R 2 W., M.D.B.BzM. APN: 359-20-28
CITY OF CLIPERTINO
THE LAND REFERRED HEREIN BELOW [S SITUATED IN THE CITY OF
CUPERTINO, COUNTY OF SANTA CLARf~. STATE OF CALIFORNIA, AND IS
DESCRIBED AS FOLLOWS=
Beginning in the Southerly line of the parcel described in the deed to the Protestant
Episcopal Bishop of California by deed recorded September 19, 1961, Book 5301
Official Records, Page 1 70, at the intersection thereof with the Easterly line of the parcel
described in the instrument of dedication to the City of Cupertino, recorded July 1 O,
1964, Book 6577 Official Records, Page 252;
Thence North along said Easterly line 360.02 feet;
Thence along a tangent curve to the right with a radius of 30 feet, through an angle of
89°58'02", an arc distance of 47.1 l feet to a Southerly line of said last mentioned
parcel;
Thence N. 89°58'02" E., along said Southerly line 305.59 feet to the West line of
the parcel conveyed to Cupertino Church of the Nazarene, Cupertino, California,
by deed recorded June 2, 1965, Book 6979 Official Records, Page 80;
Thence S. O°0'08" E., along said West line 389.76 feet to the Southerly line of the
parcel first above referred to;
Thence S_ 89°55'32" W_, along said line 335.59 feet to the Point of Beginning-
EXHIBIT "A"
Page 1 of 1
September 3, 2009
MEI#09002
ST JUDE APOSTLE E:PISCOPAL CHURCH
APN: 3°~9-20-028
STORMWATER MANAGEMENT FACILITY EASEMENT to
CITY OF CUIPERTINO, CA
LEGAL DESCRIPTION
STORM DRAIN INFILTRATOR AREA
(See Mission Engineers, Inc. Dwg. No. S-14262)
A Storm Drain Infiltrator Area within that certain portion of real property located in the
City of Cupertino, County of Santa Clara, State of California described as follows:
A portion of the lands described in the Deed of Trust filed on July 14, 1967 in Book 7784
at Page 567 Santa Clara County Official Records, said portion being more particularly
described as follows:
' r.- _
Commencing at a pbintlying on the Easterly boundary lipe of South Stelling Road at the
Southwesterly corner of said lands;
Thence, from said Point of Beginning along the Southerly boundary line of said lands
North 89° 55' 32" East, 76.93 feet;
Thence, leaving said Southerly boundary line at a right angle North 00° 04' 28" West,
16.00 feet to the True Point of Beginning;
Thence continuing, North 00° 04' 28" West, 28.00 feet;
Thence, at a right angle North 89° 55' 32" E~~st, 24.00 feet;
Thence, at a right angle South 00° 04' 28" Exist, 28.00 feet to a line drawn parallel to and
distant 16.00 feet from said Southerly boundary line;
Thence, along said line drawn parallel South 89° 55' 32" West, 24.00 feet to the True
Point of Beginning and containing 672 square feet, more or less.
EXHIE3IT "B"
Page 1 of 2
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355 Reed St. Santo Cldro._ Calif 9$050 (408) 727-8262 FAQ: (408) 727-8:
R.ESOLUTIOl~I NO. 09-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, ST. JUKE THE APOSTLE EPISCOPAL
CHURCH, 20920 MCCLELLAN ROAD, APN 359-20-028
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner, St. Jude the
Apostle Episcopal Church, 20920 McClellan Road, APN 359-20-028, as described in Exhibits
"A" and "B", and said agreement having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk are
hereby authorized to sign the aforementioned agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 20th day of October, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the Citti: Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPRO~yED:
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Mayor, City of Cupertino