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E-655 Stormwater Management Facility Easement Agreement, 790 South Blaney Ave, APN 369-11-048 • RECORDING REQUESTED BY: DOCUMENT: 20985060 Pages: 11 11111111 Fees.... No Fees City of Cupertino ( Taxes . . Copies WHEN RECORDED, MAIL TO: AMT PAID City Clerk's Office REGINA ALCOMENDRAS RDE # 007 City of Cupertino SANTA CLARA COUNTY RECORDER 12/02/2010 10300 Torre Avenue Recorded at the request of 10:30 AM Cupertino, CA 95014 -3255 C i t y (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 790 South Blaney Avenue APN 369 -11 -048 Blaney Venture, LLC, a California Limited Liability Company *Original 0 For Fast Endorsement RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) ) ) ) ) ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 790 South Blaney Avenue APN: 369 -11 -048 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ( "Agreement ") is made and entered into this 22 of s6Pron8E' , 20 ►c , by Blaney Venture LLC, a California Limited Liability Company, (hereinafter referred to as "GRANTOR ") and the City of Cupertino ( "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 entered into with reference to the following facts: A. The GRANTOR is the owner of real property and improvements located within the City of Cupertino, County of Santa Clara, State of California ( "PROPERTY "), as described in Exhibit "A" of this Agreement. B. The developer of the property is required to install, operate, and maintain stormwater management facilities within the PROPERTY. The stormwater management facilities are shown in the Stormwater Management Plan prepared by Nordic Engineering Inc. and dated , which plans and any amendments thereto, are on file with the Public Works Department of the City of Cupertino, California. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this agreement. FINAL -1- 10/21/03 C. The GRANTOR, its successors and assigns, shall be responsible for maintenance of these stormwater management facilities in accordance with the Storm Water Maintenance Agreement for this facility and the CITY's Stormwater Pollution Prevention and Watershed Protection Ordinance. D. The CITY, its successors and assigns, shall at all reasonable times have a right to enter said easement for the purpose of inspecting, monitoring, modifying, maintaining, and repairing the stormwater management facilities at the PROPERTY, within the easement described in Exhibit `B." E. While this Agreement is in effect, the GRANTOR will not erect nor permit to be erected any building or structure of any nature whatsoever, nor fill or excavate within said easement without the CITY's written consent. F. The GRANTOR will warrant specially said easement and shall execute such further assurances thereof as may be requisite. G. In the event that the CITY shall determine at its sole discretion at any future time that the Stormwater Management Facility is no longer required, then at the request of the GRANTOR, its successors and/or assigns, the CITY shall execute a release of this Agreement which the GRANTOR, it successors and/or assigns, shall record with the COUNTY, at its /their expense. NOW, THEREFORE, the parties hereto wee as follows: 1. Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit "A" shall be subject to this Agreement. It is intended and determined 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 real property described in Exhibit "A" or any portion thereof and shall be for the benefit of each owner of any of said parcels or any portion of said property 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 servitudes, enforceable by any of the owners of any of the property subject to this Agreement against any other Owner, tenant or occupant of the said property, or any portion thereof. 2. Indemnity: The 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, including without limitation reasonable attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the use of the easement described i:n Exhibit `B," except to the extent that such FINAL -2- 10/21/03 claims, liabilities, actions, causes cf 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, agents, representatives, contractors, vendors, or consultants. 3. Attorneys' Fees: In the event that any party institutes legal action or arbitration against the other to interpret or enforce this Agreement, or to obtain damages for any alleged breach hereof, the prevailing party in such action or arbitration shall be entitled to reasonable attorneys' or arbitrators' fees in addition to all other recoverable costs, expenses and damages. 4. Further Documents: The parties covenant and agree that they shall execute such further documents and instructions as shall be necessary to fully effectuate the terms and provisions of this Agreement. 5. Entire Agreement: This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein and supersedes all prior agreements, whether written or oral. There are no representations, agreements, arrangements, or undertakings, oral or written that are not fully expressed herein. 6. Severability: In the event any part or provision 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 for the invalid, unenforceable provisions shall, nevertheless, continue in full force and effect. 7. No Waiver: The waiver of any cov enant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 8. Amendment: This Agreement may be amended in whole or in part only by mutual written agreement. Any such amendment 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 provisions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. FINAL -3- 10/21/03 Executed the day and year first above written. GRA OR) s N C By: AL t _1121k Name: l« — 7 c Title: ` . • - -_ tA\ � v v kka_ 4t (Notary Acknowledgment to be attached) CITY OF CUPERTINO By: Name: Title: oved as to form: A , . City Attorney FINAL -4- 10/21/03 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 t {`:c�, cif', M. �C.M.E �.c�.c:�^,�Y`,ct`.M.c:f'. cif`. c: f. c�ezcl�, Fe.�:l.c:Y`.�.�.�^,�f:�.�.�., State of California 1 1 County of SNOTr c-L.. A fa # On Nov. ∎te ,Lo \ 0 before me, K\ TE► R tJrE ScQUP4(SC 1J Th �`° 0 PUgL t Dd(e Here Insert Name and Title of the Offic ' j personally appeared Kul S WANG ) Name(s) of Signer(s) I� / who proved to me on the basis of satisfactory 9 evidence to be the person(s) whose name(s) is /are p subscribed to the within instrument and acknowledged • to me that he /she /they executed the same in i his /her /their authorized capacity(ies), and that by P P 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. • K IRSTEN RENEE SOUARCiA I certif under PENALTY OF PERJURY under the laws of the State of California that the foregoing Commission 19068 9 9 r 1 Notary Public - California paragraph is true and correct. P. ` 1 4..) Santa Clara County - I. My Comm. Expires Oct 4, 2014 WITNESS my hand and official seal. S ignature: P-ea,,,g_ Place Notary Seal Above Signature of Nota ublic 71 OPTIONAL f < 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 reat'achment of this form to another document. . Description of Attached Document Title or Type of Document: STo fi M W ATER. MAtJ &EMIT FAC ILf SAseMC –dQT ; Document Date: See rA 6C- 22 2c t kD Number of Pages: 23 1, Signer(s) Other Than Named Above: y� Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: >> ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT THUMBPRINT OF SIGNER OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee t ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: y� © 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 - 11827) Item #5907 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 1 State of California County i 11dk- (Y/14'14. Coun of On k$11 , 2 1 00i) before me, /' '. i M4U& Hi r f L' it 1/ , Q_ - (Here insert name and ttilc of the officer) 0 personally appeared �1i /Gail. 74 / , I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(sre subscribed to � :' the within instrument and acknowledged to me these / /)he /they executed the same i(his er /their authorized capacity(ies), and that b h the instrument the person(s), or the entity upon behalf of which the person(s) acte , 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. � « ,�� AUSON J. SRNOW a ix. oms3 WITNESS my hand and official seal i � ,k N Cmision # 1873356 otary Public C CHA California 1 z ?� Santa Clara County D ��'/�'W l — � r MY Comm. Expires Dec 17, 2013 1 Signature of Notary Public (Notary Seal) 1 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be )44/4 eQ e y ` ` � i,'9 ,,,^ J y properly completed and attached to that document. The only exception is if a I .e,x. ( document is to be recorded outside of California. In such instances, any alternative (Title or description of a hcd document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. cert Eying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document cur efully for proper notarial wording and attach this form if required. 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If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Srcurcly attach this document to the signed document 2008 Version CAPA v12.10.07 800 - 873 -9865 www.NotaryClasscs.com • EXHIBIT "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: Beginning at the Westerly common corner of that certain 59.89 acre parcel of land described in the Deed from John P. Crossley, at ux, to E.E. Newton dated January 9, 1912 and Recorded January 9, 1912 in Book 38 of Deeds, Page 267, Santa Clara County Records and that certain 33.474 acre pared of land described in the Deed from Edwin G. Hall, et ux, to Morgan E. Payne, dated May 2, 1893 and Recorded Da ember 21, 1893 In Book 165 of deeds, at page 326, Santa Clara County Records, said point of beginning being In the center line of Blaney Road; thence along the dividing line between said 59.89 acre parcel and said 33.474 acre parcel South 58° 49' 37" East 317.57 feet; thence South 31° 10' 13" West 128.61 feet; thence on an arc of a curve to the left the tangent of which bears North 74° 20' 20" West with a radius of 209 feet through a central angle of 15° 53' 35" an arc distance of 57.97 feet thence South 89° 46' 05" West 146.81 feet to a pont on said center line of Blaney Road; thence along said center line North 0° 13' 55" West 267.25 feet to the point of beginning. APN: 369-11-048 ti _ EXHIBIT B STORM WATER EASEMENT 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: Beginning at the Westerly common corner of that certain 59.89 acre parcel of land described in the Deed from John P. Crossley, et ux, to E.E. Newton dated January 9, 1912 and Recorded January 9, 1912 in Book 38 of Deeds, Page 267, Santa Clara County Records and that certain 33.474 acre parcel of land described in the Deed from Edwin G. Hall, et ux, to Morgan E. Payne, dated May 2, 1893 and Recorded December 21, 1893 in Book 165 if deeds at page 326, Santa Clara County Records, said point of beginning being in the center line of Blaney Raod; thence along the dividing line between said 59.89 acre parcel and said 33.474 acre parcel South 58 °49'37" East 317.57 feet; thence South 3110'13" West 128.61 feet; thence on an arc of a curve to the left the tangent of which bears North 7420'20" West with a radius of 209 feet through a central angle of 15 '53'35" an arc distance of 57.97 feet thence South 89 °46'05" West 146.81 feet to a point on said center line of Blaney Road; thence along said center line North 013'55" West 267.25 feet i:o the point of beginning. Excepting therefrom all those areas designated on the attached EXHIBIT B as "RIGHT OF WAY" and "BUILDING FOOTPRINT ". BRUCE R. D8ARE • L 8527 .yj • EXHIBIT B Nordic Engineering Inc. STORM WATER , Civil Engineering • Land Surveying Serving Santa Clara, San Mateo & Santa Cruz Counties E ASEMENT ) N O R D 1 C Office (408) 257 -6452 • Fax (408) 257 -6821 ENOINEERINO nordicengineers @yahoo.corn -„� www.NordicEngineering.corn O 531'10'13 "W 128.61' o S74'20'20 "E `V 1 A=10 I f 68.56' � il7 R= 249.00' o L= 44.49' �I,N BUILDING o rn , o oo FOOTPRINT 6 cA 7 c� 20.00' 1 z� _ i S26'39'00_W 83.4 c9 ` �c > A= 03'17'44" > R= 249.00' ,.1� 1 :fit.� L = 14.32' EXO. /e d /o � l: a . R • t w r �J 90.65' -- 1 1 N °o BUILDING `N" 0 a � p �o � / 44 1 6 I 10 - u -i FOOTPRINT a� � < , �-- _ 6-� l 8527 • �• p % \ 7 r ----- ?0 1 4.63' S______ 2 45� W � .� (� in w o 41.8 J� c92‘ . 7. o BUILDING ?� �1 � ° 0 ° 57 '4 5 _ 'E - OOTPRINT` \ ?- \> �i N , v>,� . 6 0 Co N \ 36.5 ` `S , ` o° 6, \` o3 I v' \ BUILDING �� ` o `Q' N p� \ °oo° .Tp� , w \ FOOTPRINT -p o CP\ t5 �M ,, o 1 � N I zN �, 5F-.A .. 0. G) Z r 01, 5 07,-.) °� BUIL DING VO ��5 z 1 FOOTPRINT \ '' ° cJ � o O / ic_ 1 I . Ai \c °1 0 g � '- -S P 09/ CP • 0 ' \ / 00,, , \ oC e.:\it 5 . imilm. =Imo. O 40 20 0 20 40 O SCALE: 1"40 N 1 POINT OF BEGINNING OCT. 25, 2010 RESOLUTION NO. 10 -204 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED LIABLITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369 -11 -048 WHEREAS, there has been presented to the City Council a proposed stormwater management facility easement agreement between the City of Cupertino and owner, Blaney Venture, LLC, a California Limited Liability Company, 790 South Blaney Avenue, APN 369 -11 -048, 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 1st day of November, 2010, by the following vote: Vote Members of the City Council AYES: Wang, Wong, Chang, Mahoney, Santoro NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: City Clerk / 2or City of Cupe no