Loading...
E-614 Stormwater Management Facilities Easement Agrmt. 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 # 316-09-029 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this~'~ay of , 20U~, by Tantau Investments, 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 Attachment `B' of this Agreement. RF.CiTAi,S: 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 Ruggeri-Jensen-Azar and dated , which plans and any amendments thereto, are on file with the Public Works FINAL -1- 10/21 /03 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. 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 Ageement 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 COLTNTY, 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 "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 thereo£ 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 Ageement 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 pocuments: 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 AQreement: 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. Severabilitv: 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 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 EXHIBIT "A" That certain land located in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL ONE A portion of Lot 7 of the Partition of the Glendenning Estate Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue at the Northwesterly corner of said 7.174 acre parcel; thence S. 00°12'36" W., along the Westerly line of Tantau Avenue, 227.8 feet; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence N. 0°12'36" E., along said Easterly line, 227.8 feet to the Northeasterly corner of said 7.174 acre parcel; thence N. 89°47'24" W., along the Northerly line of said 7.174 acre parcel, 300.41 feet to the point of beginning. PARCEL TWO A portion of Lot 7 of the Partition of the Glendenning Estate, Map filed in Book B of Maps, Page 15, Santa Clara County Records, and a portion of the Quito Rancho, also being a portion of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recorded October 19, 1967, Book 7898 Official Records, Page 248, Santa Clara County Records, and described as follows: BEGINNING in the Easterly line of Tantau Avenue distant thereon S 0° 12'36" W., 227.80 feet from the Northwesterly corner of said 7.174 acre parcel; thence S. 89°47'24" E., 300.41 feet to the Easterly line of said 7.174 acre parcel; thence S. 0°12'36" W., along said Easterly line, 425.21 feet to the Northerly tentinus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence S. 89°24'OS" W., along the Northerly line of said Tract No. 1867, 122 feet to the Northwesterly corner thereof; thence continuing S. 89°24'OS" W., along a Westerly prolongation of the Northerly line of said Tract No. 1867, 181.83 feet to the Easterly line of Tantau Avenue; thence along the Easterly line of Tantau Avenue, Northerly along a non-tangent curve having a radius of 637.5 feet, concave Westerly, whose radius bears, N. 83°52'46" W., through an angle of 5°54'38" an arc length of 65.76 feet; thence N. 00°12'36" E., 363.85 feet to the point of beginning. PARCEL THREE A portion of the Quito Rancho, and also being a portion of the 7.90 acre parcel of land described in the Final Order of Condemnation, dated December 17, 1959, a certified copy of which was recorded January 8, 1960, Book 4659 official Records, Page 613, Santa Clara County Records, and described as follows: BEGINNING at the Northeasterly corner of the 7.174 acre parcel of land described as Parcel Three in the Deed to Vallco Park, Ltd., recarded October 19, 1967, Book 7898 official Records, Page 248, also being the Northwesterly corner of said 7.90 acre parcel; thence S. 00°12'36" W., along the Easterly line of said 7.174 acre parcel and Westerly line of said 7.90 acre parcel, 653.01 feet to the Northerly terminus of the center line of Meadow Avenue, as shown on the Map of Tract No. 1867 Westwood Oaks Unit No.S, on file in Book 93 of Maps, Page 49; thence N. 89°24'OS" E., along the Northerly line of said Tract No. 1867, 139.09 feet; thence N. 0°12'36" E., parallel with the Easterly line of said 7.174 acre parcel, 653.01 feet to the Northerly line of said 7.90 acre parcel; thence S. 89°24'OS" W., along said Northerly line, 139.09 feet to the point of beginning. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. / p~1p~ ~N~ SG C~,//~ . i yg~ 9~, ~ ~w s. F,~ ; ~' ~ 7/~r ~ ~~ 9 Andr w S. Chafer, PLS 8005 Date * NO' * Expires 12/31/2008 ~ ~.12-3t-O6 `Q' J-'' OQ-~ ,, ~\\~FCA~~~/ EXHIBIT "B" An Easement for Stormwater Management Facilities over that certain land located in the City of Cupertino, County of Santa Clara, State of California, described in Exhibit "A" attached hereto, excepting therefrom the following portion of said Land: COMMENCING at the most Northwesterly corner of said Land, thence S. 32°50'09" E., 160.13 feet to the True Point of Beginning; thence from said Point N. 89°59'26" E., 26.00 feet; thence S. 00°00'34" E., 2.00 feet; thence N. 89°59'26" E., 124.00 feet; thence S. 00°00'34" E., 340.00 feet; thence S. 89°59'26" W., 124.00 feet; thence S. 00°00'34" E., 2.00 feet; thence S. 89°59'26" W., 26.00 feet; thence N. 00°00'34" W., 26.00 feet; thence N. 89°59'26" E., 2.00 feet; thence N 00°00'34" W., 117.80 feet; thence along the arc of a non-tangent curve to the right having a radius of 34.00 feet, the center of which bears N. 33°57'S4" E., through a central angle of 112°03'04", an arc distance of 66.49 feet; thence N. 00°00'34" W., 117.80 feet; thence S. 89°59'26" W., 2.00 feet; thence N. 00°00'34" W., 26.00 feet to the True Point of Beginning. As shown on the attached plat made a part hereof. This legal description was prepared by me or under my direction pursuant to the requirements of the Professional Land Surveyor's Act. 9 f. ~'~~~AL ~O SGG ~ ~ ~ AN[~fiEW S. ~~ . ~ S /r~ vL~ ~ ~F~ a°a Andr S. afe PLS 8005 Date ~ * NO~~ * Expires 12/31/2 08 ~ E~p.12-31-OB ~Q' \ OF C AL~F~/ LINE TABLE L1 N89°59'26"E 26.00' L2 P.; ~0`0'0'-34"W 2.00' ~ L3 N00'00'34"W 26.00' L4 N89'59'26"E 2.00' L5 N33'59'02"W 34.00' L6 S33'57'54"W 34.00' FORGE DRIVE ~POC _ N89'47'24"W 300.41 -.,,- N89_24_05"E 139.09' --- - - - --- I ' ~~. ~RECIPROCAL DRIVEWAY EASEMENT~ _ _ ~ i LEGEND W Z ~' POC POINT OF > NI COMMENCEMENT Q cvi TPOB TRUE POINT OF Q i BEGINNING ~ ?`~~'. - - - - - - - - ~.`so. .~~: ~ .~y STORMWATER MANAGEMENT ~~.6, FACILITIES EASEMENT ~. o ~~ r ~ ~' N TPOB~. L1 W N89°59'26"E 124.00' ~ I J' L4 z ° (R~ RADIAL BEARING ~ o i i o = i o H ~ c,~ -~ O z ' , ~ ~ ~ ~ ~ o i ~ `s `° ~ ~ ~J R=34.00' ,~~1 w ~ L=66.49' .~ co`- ~ ~ i ~=112'03'04" z I N I o o o i ° °- z i i w ~ ~ ~ I ~i ~ ~i ~ ~ i L4 0 ~ I ~ L1 ~ 0 0 0 0 W ~ r~i w ~ O O 0 S89°59'26"W 124.00' ~ N APN~ 316-09-028 STORM WATER MANAGEMENT FACILITIES EASEMENT - °~~I ~~!~i ~~~~ I ~c~o~~ ~-'a~--- 181 83' ---- N 89'24'05"E - 122.00_ - _ _ 139.09_ _ 442.92' TOTAL EA O ~ ~ ~AV NUE i I i i i ol ~ ~n , ~i w~ ~I ~ N~ I o~ zi i I 1 I i i I i i EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION FOR j 1 A STORMWATER MANAGEMENT FACILITIES RUGGERI-JENSEN-AZAR ASEMENT OVER A PORTION OF THE LANDS ENQINEERS ^ PLANNERS ^ SURVEYORS K; , u ~..~' '% ~ki;:~~ ~.^,,:'5.....~.~YF{i ~11,'R, j!j.'~}~j Rh`~....~.'irr DESCRIBED IN DOCUMENT N0. 19599096 ~~'`~`~~~ `~'~~M/`' `'"~`vY ~A "~'"y SANTA CLARA COUNTY RECORDS SCALE: DATE: JOB No.: CI1'Y OF CUPERTINO, CALIFORNIA 1"=80' 4-24-08 072034 ACKNOWLEDGMENT State of California ) ) ss. County of Santa Clara ) On JI,Y~~. 2 3~~ ~'? ~=~ bef ore me, ~ ,~ L ~' ll ,, a notary public in for the tate of California, persona appeared RON D TATE, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instn~ment 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. I certifyunder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. JENNIiER OR1l=DAIE CanmWbn ~ 170~~IM - Notary rubllc - CalHomla ~anta Clora County ~ ~;- L l' ~-~~ Mycarw,n.~r«aovazo~o , OTAR UBLIC ~CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~1(11 G~ C~~t('C~ Or~~V''1~~~~U D before me, ~C1fe~'1 ~ nG/"~ - "~l~('i~ , ,N~~tr'~ }~~t ~~ k Date Here Insert Name and Title of the icer \ ~C~"~ personally appeared 1~' ~~T ~l~ -> ~~. Name(s) of Sig r(s) KAREN BERNARD-GUERNi "'"' Commission ~ 1618449 ~ ~ Notary PubNc - Cd~Oilifo ~ ' Santo Claro Counl~l nAy comm. Expl~ Nov 9. 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. ~~ L Signature ~ • ~~~ ~/ Place Notary Seal Above Signature of Notary Public who proved to me on the basis of satisfactory evidence to be the person(a'j whose name(,s~' is/~ subscribed to the within instrument and acknowledged to me that he/s#~ef#i°rcy executed the same in his/Her/tl~eir authorized capacity(ies~, and that by his/I~erftheir signature{sj on the instrument the person{s}, or the entity upon behalf of which the personFsj-acted, executed the instrument. OPTIONAL 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document: --~I ~!"`1~~~4~ ~G'~~d~J~'~~~'~~ 1 a~ `i ~~~1~/~~~~~ ~l/~~~' CO~`"? 1 ~VD ,~ g ~ ~","~i~~it,1~`'~~ Document Date: Number of Pa es: ~ Signer(s) Other Than Named Above: 1`~ ~~ ~~ T~ `"{ Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer - Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: . Top of thumb here Signer's Name: ~7 Individual ^ Corporate Officer - Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing . Top of thumb here OO 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Calt Toll-Free 1-800-876-6827