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E-605 Stormwater Management facility easement RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT County Assessor's Parcel #326-33-110 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this 3rdday of 3an~ac~ , 2008 , by 1200 San Mateo Avenue, 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 AP Consulting Engineers and dated March 2007, which plans and any amendments thereto, are on file with the Public Works Department of FINAL -1- 10/21 /03 the City of Cupertino, California. The CITY has reviewed and approved the Storm Water Management Plan subject to the execution of this agreement. 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 agree as follows: Covenants Running With the Land; Property Subject to Agreement: All of the real property described in Exhibit "B" 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 "B" 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 FINAL -2- 10/21/03 attorneys' fees, arbitration fees or costs and court costs, arising out of or related to the use of the easement described in Exhibit "B," 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, 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 covenant contained herein shall not be deemed to be a continuing waiver of the same or any other covenant contained herein. 8. Amendment: This Agreement maybe 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 STATE OF CALIFORNIA ) SS COUNTY OF SANTA CLARA ~ On ~O~Q ~' ~ , 200 ,before me, ~ (Y ~ ~~' SVl ~ C ~ j N~}j~,'v~ ~Ir ~ ~ G personally appeared ~ }`°C1~, ,personally known to me or 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 executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. U/~1~f1~~ ~PSwt~C_ AMBER RESNICK COMM. *1589954 NOTAR1f MAUC ~ CALIfORNIA SAN MATEO COUNTY ~' Comm. Exp. ,TUNE 28, 2009 NOTARY PUBLIC [SEAL] FINAL -5- 10/21 /03 Chappell Surveying Services Land Surveying Geographic Information Systems Precision Agriculture Exhibit "A" All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being all of Parcel B as said parcel is shown on that certain parcel map filed for record in the office of the Recorder for said Santa Clara County on August 27th, 1980 in Book 469 of Maps at page 39. This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyor's Act. /D-3-zo~D~ Brett J. Chap ell, P.L.S. 7547 Expires: 12/31 /2007 O ~,N D SCs ~~~,~,~ ~ . C HgAAt9`F ~. v ~ ~ o "r J m GYP X2,3/,/~~ ~ * ~ N0.7547 / lofl Phone: (209) 845 9694 • Fax: (209) 845 9654 ~ email: survey@garlic.com 680 Esther Way Oakdale, CA 95361 Chappell Surveying Services Land Surveying Geographic Information Systems Precision Agriculture Exhibit "B" Stormwater Easement All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of Parcel B as said parcel is shown on that certain parcel map filed for record in the office of the recorder of said Santa Clara County on August 27'h, 1980 in Book 469 of Maps at page 39 being more particularly described as follows: Said Parcel B Excepting therefrom the following: Building Exception Commencing at the Northwest Corner of said Parcel B being a point of the southerly right-of-way line of Mariani Drive as shown on said map; thence North 89°52'24" East, along the northerly line of said Parcel B coincident with said right-of-way line, 178.52 feet; thence South 00°07'36" East, leaving said line, 9.84 feet to the Point of Beginning; thence North 89°52'24" East, 103.00 feet; thence South 00°07'36" East, 53.33 feet; thence North 89°52'24" East, 4.00 feet; thence South 00°07'36" East, 70.00 feet; thence North 89°52'24" East, 31.00 feet; thence South 00°07'36" East, 56.00 feet; thence South 89°52'24" West, 138.00 feet; thence North 00°07'36" West, 179.33 feet to the Point of Beginning. Also excepting therefrom the following: Garage Exception Commencing at the Northwest Corner of said Parcel B being a point of the southerly right-of-way line of Mariani Drive as shown on said map; thence North 89°52'24" East, along the northerly line of said Parcel B coincident with said right-of-way line, 28.52 feet; thence South 00°07'36" East, leaving said line, 46.00 feet to the Point of Beginning; thence North 89°52'24" East, 103.67 feet; thence South 00°07'36" East, 143.17 feet; thence South 89°52'24" West, 20.00 feet; thence South 00°07'36" East, 9.50 feet to the southerly line of said Parcel B; 1 of 2 Phone: (209) 845 9694 • Fax: (209) 845 9654 ~ email: survey@garlic.com 680 Esther Way Oakdale, CA 95361 thence South 89°52'24" West, along said southerly line, 61.00 feet; thence North 00°07'36" West, leaving said southerly line, 3.83 feet; thence South 89°52'24" West, 5.67 feet; thence North 00°07'36" West, 5.67 feet; thence South 89°52'24" West, 36.33 feet; thence North 00°07'36" West, 1 15.33 feet; thence North 89°52'24" East, 19.33 feet; thence North 00°07'36" West, 27.83 feet to the Point of Beginning. See Exhibit "B" Plat attached hereto and made a part hereof. This description was prepared by me or under my direction in conformance with the requirements of the Professional Land Surveyor's Act. 0 -3 ~DD~ Brett J. Cha pelt, P.L.S. 7547 Expires: 12/31 /2007 O ~,ND SCi v~ <o -' m ~P/Z.3j.p~r ~ *\ N0.7547 OF C 2 of 2 Phone: (209) 845 9694 • Fax: (209) 845 9654 ~ email: survey@garlic.com 680 Esther Way Oakdale, CA 95361 DE ANZA BOULEVARD PARCEL B 469 MAPS 39 71 ' 60' I I =W S00'07'36"E ~ N ~ 56.00' ~ I I N8932 24"E ui I °o I 4 00 0, •; I I .. SO_0'07 36 E - 53.33' SOOb7'36"E - J ~ - - 70.00' I o I I of I~ 0 ~ I I I BUILDING EXCEPTION 13 I INI 30' =WI Ih I NI ~I I o ly ~I 2 I ~ p 1 .O.B. (BUILDING EXCEPTION) ~ '- N00107'36"W 179.33' I ~S00177'36"E 9.84 I %~ I 2 g SOD 7'36"E 143.17' Q ~--------------~ ~ iN I S89^52'24"W I I I i~ I 20.00' ~ ~o L ° of GARAGE soon7'3s"E1 I ~ I EXCEPTION s89~2'24"w I s1.oo' =~u =~ I N00107'36"W N N I .O.B. 3.83' N S89"$2'24"W I (GARAGE ~I 2 i EXCEPTION) NOOb7'36 W . w 21 SOOb7'36 "E I 2~ 837 36 W 5.67 I 46.00 - - ~ S89"52 24"W `r 119833'2'24 E 36.33' I _J 1 ~ P.O.C. L---------- `V N00~7'36"W 115.33' PARCEL A 584 MAPS 23&24 LEGEND BOUNDARY LINE CENTER LINE - - - - - - - DESCRIBED EASEMENT LINE P,0.8. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT EXHIBIT "B" PLAT Job No. 2005035 STORM WATER EASEMENT By BJC Ck By BJC ^ ^ CHAPPELL SURVEYING SERVICES 680 Esther Way Date 10-3-07 JJ` LAND SURVEYING Oakdale, CA 95361 Scale: t"~=50~ GEOGRAPHIC INFORMATION SYSTEMS (209) 845 9694 Sheet 1 Of 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sa.y~'ta Clara. On J'at~ 8 r ZOG~ before me, Ktvn Mc~.r~e. ~vYt-`4~n, 1~1o`4-ar~1 4~ubttc. , Date Here Insert Name and Title of the fficer personally appeared I~cty tc~ Klrl.aDP Name(s) of Signer(s) 101A MARIE SRAl1H ComnNanlon #- 161569 Nolary htbpe - caltcrn,o ~ 6onb Clow County My Conan. ExpNw Nov 1, 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 ~~-~-J~~ ~~~'~~ Place Notary Seal Above Signature of Notary Pu lic who proved to me on the basis of satisfactory evidence to be the personjr~ whose name(, is/are subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/eir authorized capacity(aes), and that by his/#~erft~eir signature(~j on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. 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