E-634 Grant of Easement for Open Space Purposes, 10220 Sterling Blvd, APN 375-24-026
Recording Requested By:
Harry I. Price, Esq.
When Recorded Return To:
Harry I. Price, Esq.
PRICE LAW FIRM
40 Main Street
Los Altos, CA 94022
Liue above for Recorder's use only
~. _.
~ Mail Taz Statements To:
Ray Chen
'10220 Sterling Boulevard
- - Cupertino_ CA.95014
Documentary transfer tax is SO.00.
( ) computed of tjtll value of property conveyed, or
( ) computed on full value less value of liens
and encumbrances remaining at time of sale.
( ) Unincotporatcd area: ( )City of
( x) Realty not sold
A.P
RECITALS
WHEREAS,
1. The undersigned, Chunn-Min Chang and Chiu-Chunn H. Wang (collectively hereinafter
"GRANTOR"), are the owners of the real property (hereinafter "Subject Property") > situated in the City of Cupertino,
County of Santa Clara, State of California, more particularly described in Exhibit "A" as attached hereto and made a
part hereof.
2. It is the desire of GRANTOR to grant to tine City of Cupertino, a Municipal Corporation (hie sre~
"GRANTEE', an open-space easement on, upon, over, and across a portion of the Subject Property p
Chapter 6.6 (commencing with Section 51070) of Part 1, Division 1, Title 5 of the California~Government Code and
Section 5540 of California Public Resources Code, more particularly described in Exhibit B as attached hereto and
made a part hereof.
3. GRANTOR and GRANTEE recognize tlv~ scenic, aesthetic and special character of the region in
which the Subject Property is located, and have the common purpose of conserving the natural values of the Subject
Property by the conveyance of an open-space easement on,, over, and across a portion of the Subject Property, which
portion of the Subject Properly shall serve as a future Public creek trail and prevent the use or development of the
portion of the Subject Property for any purpose or in any manner which would conflict with the maintenance of the
portion of the Subject Property as a future public creek trail in accordance with the terms and conditions hereof.
4, This Grant of Open-Space Easement with Covenants is hereinafter referred to as the "Dedication
Agreement".
NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, it is hereby agreed
as follows:
DEDICATION GRANT OF OPEiI~T SPACE WITH COVENANTS
(10220 Sterling3 Boulevard)
C.r~*rt of Portion of Property for 1suture Public Creek trail
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
1. Grantor hereby grants to GRANTEE an easenzent on, upon, over, and across the portion of the
Subject Property more particularly described in Exhibit "B"' as attached hereto and made a part hereof, and
relinquishes to the public in perpetuity the right to construct: improvements thereon, except as further provided
herein.
2. GRANTOR covenants and agrees for itself acid its successors and assigns that GRANTOR, its
successors and assigns singularly or in combination:
(a) Shall not erect, construct, place or maintain or grant permission for the erection, construction,
placement or maintenance of any improvement, bundling or structure or any other man-made thing
whatsoever on the portion of the Subject Property (E:~chibit "B") which would impair the installation by
GRANTEE of a future public creek trail_
(b) Shall not use or grant permission to others to use the portion of the Subject Property (Exhibit "B'~
or any portion thereof as a parking lot, storage area or dump site or otherwise deposit or grant permission to
others to deposit on the portion of the Subject Property (Exhibit "B") or any portion thereof, temporarily or
otherwise, anything whatsoever which would impair the installation by GRANTEE of a future public creek
trail.
Rbght to Prevent Prohibited Use
3. GRANTOR grants to GRANTEE its successors and assigns, for the term of this Agreement, the
right, but not the obligation, to enter upon the Subject Property, at GRANT~E's risk, for the following purposes:
(a) to conduct regular general inspections of the Subject Property, which shall in no event exceed more
than one (1) such regular general inspection every six (~ months, unless GRANTEE has reasonable cause
to believe that GRANTOR is in material default of the terms of this Agreement, in which case GRANTEE
shall have the right to an interim Several inspection, which shall in no event exceed more than one (1)
interim general inspection of the Subject Property in. any six-month period;
(b) to investigate an alleged specific violation oiPthe Agreement, but only after a bona fide third party
complaint or report has been made to GRANTEE oiF such specific violation;
(c) to investigate and halt activity andlor use of the Subject Property contrary to the terms of this
Agreement which, if not immediately acted upon, would result in a material breach of this Agreement
causing irreparable harm to the future public creek trail nature of the portion of the Subject Property
("Emergency Inspection").
With respect to the regular and interim general inspections referred to in subparagraph (a), GRANTEE
shall be required to give GRANTOR three (3) days prior notice before conducting such inspections. With
respect to GRANTEE'S right to enter the Subject Property after a reported violation pursuant to subparagraph
(b), GRANTEE shall be required to give GRANTOR prior notice by telephone of the claimed violation within
twenty-four (24) hours of receipt of the specific complaint or report of the violation, and a period of twenty-four
(24) hours after receipt by GRANTOR of notice of the violation within which to respond to GRANT"EE
regarding the existence of the claimed violation and the need for such an inspection. In the case of an Emergency
Inspection referred to in subparagraph (c), no prior telepb~one or written notice shall be required from GRANTEE
to GRANTOR before GRANTEE enters upon the Subject Pro unless reasonable under the circumstances.
Enforcem~°nt
4. The stated purposes, terms, conditions, restrictions and covenants set forth herein and each and all
of them, including the right of GRANTEE to require GRAI~ITOR to perform any restoration work reasonably
required due to a breach of this Agreement, may be specifically enforced or enjoined by proceedings in the
Superior Court of the State of California.
No Authorization for ]Public Trespass
5. The granting of this Easement Agreement anti its acceptance by GRANTEE does not authorize and
is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion
of the Subject Property except that portion identified as Exhibit "B," or as granting to the public or any member
thereof any dedication or any other tangible rights in or to the Subject Property or the right to go upon or use or
utilize the Subject Property in any manner whatsoever except that portion identified as Exhibit "B". It is
understood that the purpose of this Easement Agreement is solely to establish the restrictions expressly set forth
herein with respect to the Subject Property so that the porti~~n of the Subject Property (Exhibit "B"~ may be a
future public creek trail as envisioned by the parties hereto.
Reservation of Use by Grantor
6. GRANTOR reserves the right to use the Subject Property in any manner consistent with the stated
purposes, terms, conditions, restrictions and covenants of this Agreement and with existing zoning and other
laws, rules and regulations of the State of California and th.e City of Cupertino or other jurisdictions having
authority, their successors or assigns, as such laws, rules acid regulations may hereaRer from time to time be
amended.
7. Attorneys' Fees Upon Default
If either party shall bring an action against any of the other party by reason of the violation or breach of any
covenant, condition, or restriction contained herein, or otherwise arising out of the terms of this Agreement, the
prevailing party in such suit or proceeding (as prescribed by the Court) shall be entitled to mover reasonable
attorneys' fees and costs which shall be payable whether or not such action or proceeding is prosecuted to
judgment, provided that no award of attorneys' fees and costs shall be rendered against either party unless the
court finds that such party's action or inaction is willful anal in bad faith.
Rnforceable Restriction
8. This Agreement and each and every term, condition, restriction and covenant contained herein is
intended for the benefit of the public and constitutes an enforceable restriction pursuant to the provisions of
Section 8 of Article 3~ of the California Constitution and Chapter 6.6 (commencing with Section 51070) of
Part 1, Division 1, Title 5 of the Government Code and shall bind GRANTOR and its successors and assigns and
each and all of them, and is intended to run with the land tss described in said Exhibit "I".
This Agreement has been executed on this da;r of , 2009.
GRANTOR:
Chiu-Churn H.
State of California
County of ~~fce ~ a.~ J? - f
On i ~ ~,-~fJ~ ~ before me, ~e/s'/liYU ~~ ~~~/"i'~. personally appeared ~h `'~4 ma'y' ~ ~
~ ht u cGr[up Mrc~.1[~rk~*'ho proved to me on the basis of satisfactory evidence to be the person®whose name-irfare
subscribed to the witMn instrument and acknowledged to me that laafelae/they executed the same in laisAwr/their authorized
capacity(i@31), and that by hisAaer/their signature~f on the instnunnent the personti~, or the entity upon behalf of which the
person(~jacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the :hate of California that the foregoing paragraph is true and
correct.
WITNESS d and o ial seal PALMIRA R. McBRtDE
( ~~ ~-y,'_~ COMM. #1855984 z
Signature ~ /ylii~a. //u eel) ~ Notary Public • California o
z Santa Clara County
M Comm. Expires Jun. 28, 2013
State of California
County of
On before me, ,personally appeared
who 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 authorized
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.
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)
_~
LEGAL [/ESCRIPTION
EX-IIBIT °A°
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CUPERTINO ,COUNTY OF SANTA
CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Lot 247, as shown upon that certain Map entiNed, "Tract No. 1183', which Map was filed for record in the
office of the recorder of the County of Santa Clara, State of California mr June 23, 1953 in Baok 44 of Maps,
pages 11, 12 and 13.
Excepting therefrom the underground water or rights thereto witty no rghts of surface entry, as granted to
San Jose Water Works, a California Corporation, recorded January Zi, 1954 in Book 2799 of Official Records,
page 73.
APN: 375-24-026
EXHIBIT "B"
Dedication to the ~~ity of Cupertino
Being a portion of Lot 247 as said Lot is shov~n upon the Map of Tract No. 1 183,
recorded in Book 44 of Maps at Pages 1 1 through 13 in the Office of the Recorder of the
County of Santa Clara, State of California, and more particularly described as follows:
Beginning at a point on the northerly line of lot 247, as said lot is shown on the above
mentioned Map, said point bearing N89°39'4`i"E, 133.59 feet from the northwesterly
corner of said Lot 247; thence from said point of beginning, along the northerly line of
Lot 247, N89°39'45"E 68.97 feet to the northeasterly corner of Lot 247; thence southerly
along the easterly line of Lot 247, S26°18'57"W 63.78 feet to the southeasterly corner of
Lot 247; thence westerly along the southerly line of Lot 247, S89°39'45"W 40.36 feet;
thence leaving said southerly line, NOO°20'15 "W 57.00 feet to the point of beginning.
Containing approximately 3,1 16 square feet.
The basis of bearings for this description is the same as the Map of Tract No. 1 183,
recorded in Book 44 of Maps at Pages 1 1 through 13 in the Office of the Recorder of the
County of Santa Clara, State of California.
Attached hereto is a plat labeled Exhibit "C" rind by this reference made a part thereof.
Description prepared April 20, 2009_
END DESCRIPTION
David Alvare Sr. PLS 4050
~a DAVID <
_V ALVAREZ SR. O'3~
ExP- ~_ ~-c., 10 `~
OF C A~-~~O/
EXHIBIT"C"
SCALE =1" : 30'
Q
J
r~
L7
Z
J
P.0.6.
30' • • ~ .. N89~5 E 202,5 ~ r~
100.00' 33.59' ~, 68,97'
w ~ j ' Z~ ///
~ ~` LOT 247 d W ~, q ~n AREA TO BE /
U] TRACT 1183 o a °1 w N/
z ~ .. ~, ~ DEDICATED TO THE
o ~ N (44 m 11-13) ~ ~ W a ^ ~ 3~CITY OF CUPERTINO~ ~
o ~ o Z Q~ ~ w~ 3,116 S0. FT. h
e ~ ^~N., a'`~
o a d~ Zb
N f" !~
~~ 10~~~~~~3, L4 ,
I IV89~39~95~t 173~95~
I
' ~~~C S~\
~,~~ oAVro LF,~
V ALVAREZ SR. ~
* No.I~060
~~ ~,(91"So'~0 ~~
1~~0 1~OQ~
FCAL /
ALVAREZ & ASSOCIATES
civil ENG~NEER~NG 5369 CAMDEN AVE. #260
LAND SURVEYING SAN JOSE, CA 95124
(408) 272-7529
PROPERTY LINE
- - - - - -PROPOSED PROPERTY LINE
- CENTER LINE
' " " " " " " " " 'EASEMENT LINE
P.O.B. POINT OF BEGINNING
LEGEND:
AREA TO BE
DEDICATED
EXHIBIT"C"
DATE: 4120109
JOB # 09105
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
FIELD: JH & FS
DRAWN: JH
SCALE: 1" = 30' I APN: 375-24-026
RESOLUTION" NO. 09-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING GRANT OF EASEMEN"T FOR OPEN SPACE PURPOSES
FROM CHUAN-MIN CHANG AND CHIU-CHUAN H. WANG,
10220 STERLING BOULEVARD, APN 375-24-026
WHEREAS, Chuan-Min Chang and Chiu-Chuan H. Wang, have executed a Grant
of Easement for Open Space purposes, which is in good and sufficient form, granting the
City of Cupertino, County of Santa Clara, State of California, easement over certain
property for open space purposes situate at 10220 Sterling Boulevard, APN 375-24-026
more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a
part hereof.
NOW, THEREFORE, BE IT RESOLVED, that the City of Cupertino accept said
grant so tendered; and
IT IS FURTHER RESOLVED that the City Clerk is hereby authorized to record
said grant and this resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of October, 2009, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the ~''itv Council
Mahoney, Sandoval, Santoro, Wang, Wong
None
None
None
City Clerk
APPROVED:
i{..ti
Mayor, City of Cu ertino