Loading...
E-676 Stormwater Management Facility Easement Agreement, 20580 Homestead Rd APN 362-10-063 DOCUMENT: 21830294 Pages: 11 Fees. . . . No Fees RECORDING REQUESTED BY: Taxes. . . Copies. City of Cupertino AMT PAID WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE # 001 SANTA CLARA COUNTY RECORDER 8/30/2012 • City Clerk's Office Recorded at the request of 1 :38 PM City of Cupertino City 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT Brokaw Interests, a California limited partnership, as to an undivided seventy seven and one-half percent (77.5%) tenancy in common interest and Campus Park Associates, a California limited partnership, as to an undivided twenty two and one-half percent (22.5%) tenancy in common interest APN 362-10-063 20580 Homestead Road 1 Original O 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 APN 326-10-063 20580 Homestead Road.,Cupertino,CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this/l2 day of , 208 , by Brokaw Interests, a California limited partnership, as to an undivided seventy seven and one-half percent (77.5%)tenancy in common interest and Campus Park Associates, a California limited partnership, as to an undivided twenty two and one-half percent(22.5%)tenancy in common interest, (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 FINAL -1- 1 0/2 1/03 in the Stormwater Management Plan prepared by Ruth and Going, Inc. and dated October 17, 2011,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. 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: 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 FINAL -2- 10/21/03 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 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 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. 'A R) lbw B j` �� ame: o 1 - Title: - eta nowledgment to be attached) ero kaw (Aka/Ccrptis,/'cl AsSoG/61'i'1S CA//TDrnia! ! I0,1 4/./�G/141FIi11f(J CITY OF CUPERTINO I By. Name: Ti r �• Title: lj‘rcc,4-, e" 0E- uh\,c, L)61L-5 FINAL -4- 10/21/03 • "NO FEE" City of Cupertino CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of Section 27383 of the Government Code. This is to certify that the easement agreement with 20580 Homestead Road and the City of Cupertino, a governmental agency is hereby accepted by the Public Works Director, and the grantee consents to recordation thereof by its duly authorized officer. Dated: June 26, 2012 By: lop K rsten Squarcia City Clerk's Office Exhibit A LEGAL DESCRIPTION Real property in the City of Cupertino,County of Santa Clara, State of California,described as follows: PARCEL ONE: PARCEL A,SO DESIGNATED AND DELINEATED ON THE PARCEL MAP RECORDED AUGUST 20, 1970 IN BOOK 272 OF MAPS, PAGE 5,SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM THE RIGHT TO PUMP,TAKE OR OTHERWISE EXTRACT WATER FROM THE UNDERGROUND BASIN OR ANY UNDERGROUND BASIN,AS GRANTED BY SKAGGS PAY LESS DRUG STORES AND TRANSAMERICA TITLE INSURANCE COMPANY TO THE CITY OF CUPERTINO, BY QUITCLAIM DEED AND AUTHORIZATION RECORDED APRIL 29, 1970 IN BOOK 8905, PAGE 622,OFFICIAL RECORDS. PARCEL TWO: PARCEL 1,AS SHOWN ON THE PARCEL MAP FILED DECEMBER 7, 1988 IN BOOK 594 OF MAPS, PAGE 9,SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM THE RIGHT TO PUMP,TAKE OR OTHERWISE EXTRACT WATER FROM THE UNDERGROUND BASIN OR ANY UNDERGROUND BASIN,AS GRANTED BY SKAGGS PAY LESS DRUG STORES AND TRANSAMERICA TITLE INSURANCE COMPANY TO THE CITY OF CUPERTINO, BY QUITCLAIM DEED AND AUTHORIZATION RECORDED APRIL 29, 1970 IN BOOK 8905, PAGE 622, OFFICIAL RECORDS. PARCEL THREE: PARCEL A,AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH 29, 1977 IN BOOK 391 OF MAPS AT PAGE 46, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM THE RIGHT TO PUMP,TAKE OR OTHERWISE EXTRACT WATER FROM THE UNDERGROUND BASIN OR ANY UNDERGROUND BASIN,AS GRANTED BY SKAGGS PAY LESS DRUG STORES AND TRANSAMERICA TITLE INSURANCE COMPANY TO THE CITY OF CUPERTINO, BY QUITCLAIM DEED AND AUTHORIZATION RECORDED APRIL 29, 1970 IN BOOK 8905, PAGE 622,OFFICIAL RECORDS. APN: 326-10-051(Affects Parcel A of Parcel Three); 326-10-060(Affects Parcel 1 of Parcel Two) and 326-10-063(Affects Parcel A of Parcel One) • Exhibit "13" Stormwater Facility Maintenance Easement for Lands of Brokaw Interests/ Campus Park Associates A Stormwater Facility Maintenance Easement for the purpose of installation, operation, maintenance, modification, and inspection of stor:mwater treatment facilities, described as follows: All that real property in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows: Being a portion of Parcel A, as said Parcel is designated and delineated on the Parcel Map recorded August 20, 1970 in Book 272 of Maps, Page 5, Santa Clara County Records; and further being described as follows: Beginning at the most Northeasterly corner of said Parcel A, said point being the Point of Beginning; thence South 00°02'52" West 186.99 feet; thence North 89°49'21"East 162.14 feet; thence along the westerly line of North De Anza Boulevard South 00°02'52" West 117.30 feet; thence along the common lot line of Parcel A and Parcel B of said Map South 89°47'00" West 191.75 feet; thence along the common lot line of Parcel A and Parcel B of said Map South 00°13'00" East 16.15 feet; thence South 89°47'00" West 292.38 feet; thence North 00°13'00" West 320.54 feet; thence along the southern line of Homestead Road North 89°47'00" East 323.39 feet to the Point of Beginning. And, excepting therefrom,the area within 5 feet of the proposed building limits as shown on Exhibit"B". Containing 101,164 Square Feet, or 2.32 Acres, more or less. APN 326-10-063 Prepared by: o,e,OFES 1Nq Ruth and Going, Inc. 44' �1- • . 2216 The Alameda Santa Clara, CA 95050 ti No.CO29693, 1` (408) 236-2400 Exp.3-31-13 ..y R+G Job #11-007A 44- ��Q F�Q .� bef I9o' N DE ANZA BLVD ( SU NYVALE-SARATOGA RD) o SO0'02'S2"W - - -- z— SIDEWALK co Z L3 EASEMENT 150' 0 75' 150' Iw - N316 OR 295 STREET EASEMENT I EASEMENT FOR N L971 OR 1718 a N ROOF OVERHANG ii. IM w� -arlr OF ("11 1 272 M 5 GRAPHIC SCALE Iw 0 BE INNI• _I w� 21.9' 1 "= 150' u)Z L1 I:8* L7 *CLEARANCE DISTANCE FROM I r- -, 59.8' PROPERTY LINE TO BUILDING Ne-�-:7 I 2.3'* I 1 5'. L18 I 0.2' 20_I I I PROP I I �FESS/0 I, 1 BLDG 18,203 SF I I PARCEL A I PG&E EASEMENT QR H. `, (272 M 5) I 8972 OR 657 �� �E�C. 0 I • J oiI 326-10-063 I� •1+. 1,..,i'-' . ( I 226,903 sF L No. CO29693 �- 5'(TYP) I 5.21 AC I I EXP. 3-31-13 I I SIDEWALK I I A 11 EASEMENT ::: N31:6:.OR 285 -}I 10'SANITARY SE �" I I • CAM- 1Q EASEMENT III PG&E EASEMENT *1 - I C20 I 8803 OR 47 I H282 OR 662 OF CA-� C dI L9 8- �a ai - - - -1 - - - - - - 119I ► STORMWATER FACILITY PG&E EASEMENT I STORMWATER FACILITY H360 OR 747 I L :J MAINTENANCE EASEMENT AREA 01 W MAINTENANCE EASEMENT 8' r Pi 0 I I 25.5' -I I I•- LINE TABLE I I LINE LENGTH BEARING w EX BLDG I I L1 186.99' S00'02'52"W °o I 69.8' �\ 143,790 SF I L2 162.14' N89.49'21"E .■ I I ~ I » ;r 1 EX BLDG II L3 117.30' S00'02 52 W °' 330 SF =_= L4 191.75' S89'47'00"W z I PG&E EASEMENT I z L5 186.72' S00'13'00"E 8972 OR 657 I L6 21.99' N89'47'00"E 12 I L7 121.90' S00'13'00"E I 34.4' I t.- L8 341.66' S89'47'00"W I II I L9 613.02' NO0'13'00"W 11 I I I I L10 350.69' N89'47'00"E I I SANITARY SEWER L11 702.62' S89'47'00"W EASEMENT JI L12 477.80' N00'02'52"E I I IA J397 OR 2065 1 L13 95.41' N00'02'52"E 10'--.--I L14 140.18' S89'47'00"W II I L15 519.79' N89'47'00"E 60.2' PG&E EASEMENT I I L16 135.22' N00'02'52"E L16 L848 OR 1559 U L17 180.00' N89'47'00"E 60.7' I L18 16.15' S0013'00"E I 10' L19 292.38' S89'47'00"W I� E BLDG I I L20 320.54' N0013'00"W In 3,.:50 S i I EX BLDG L21 323.39' _ N89'47'00"E ^I I 6,144 SF PUBLIC ROADWAY I 90.3' •_r ' -1 32.7' H422MORT140 I CURVE TABLE p + L13 ILL 1 2 ' 1 -- - - CURVE RADIUS DELTA LENGTH ' -�� -- -- Cl 40.00' 89'44'08" 62.65' I PG&E EASEMENT FRANCO CT L848 OR 1559 Q:\Civil\11007A\Dwg\Easement Plats\MAINT ESMT.dwg RUTH AND GOING, INC. EXHIBIT "B" - STORMWATER Civil Engineering Land Surveying FACILITY MAINTENANCE EASEMENT 2216 THE ALAMEDA SANTA CLARA, CA. 95050 (408) 236-2400 HOMESTEAD RETAIL CENTER Date: 08-19-11 Job #: 11007A Drwn.: BJS Dept.:CIVIL Scale: 1"=150' Chkd.: SKR Cupertino California • CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of 3i r a On t'Jo J 10 c2D n before me, B. !-1 A z-i'0 rt o-r-A,e ct , f (Here inser?namc and title of the officer) _ t !j personally appeared .J o t-J-N L� . —30 8 --rte l who proved to me on the basis of satisfactory evidence to be the person(4)whose name(e) is/aresubscribed to the within instrument and acknowledged to me that hey s'lte/the executed the same in his/Ivr/th9er authorized capacity(ios), and that by his/her/their signature(e)on the instrument the person(;or the entity upon behalf of which the persottacted,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. B. MAllONE >_ . Commission # 1818362 WITN) S$my hand and official seal. 4 Notary Public-California �t��r Z � Santa Clara County D My Comm. Expires Oct 19,2012 (Notary Seal) - - - — ♦«� _ Signs of Notary Pu c • 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 properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached 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. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) ha/she/thetr is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact • Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other fi Indicate title or type of attached document,number of pages and date. y Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT t 1 t State of California N c County of J � �- On,T�. �� )o/ before me, CII/K_CA.17 �� /1471 �{ C. Datd Here Insert ame and Title of the O is r N -• 9 t personally appeared i ( I'kfl, l t _ t Name(s)of Signer(s) 4 9 who proved to me on the basis of satisfactory v evidence to be the person.(srwhose name(sfris/a y subscribed to the within instrument and acknowledged GRACE SCHto me that he/ss 1t s1 executed the same in 3 ' ` Commission# his/beir/t tt authorized capacity(ipdj, and that by Notary Public- 9 - his/hsetbeif signature(ar on the instrument the 4 ‘*+/ Santa Clara County - 9 personK, or the entity upon behalf of which the A Carom. rob Feb 21 2015 person(s acted, executed the instrument. 3 I certify under PENALTY OF PERJURY under the A' t laws of the State of California that the foregoing 7 paragraph is true and correct. t WITNESS my hand and official seal. 0 Signature: Gni_CC-114 -^ iq Place Notary Seal Above Signature of Notary Public )J OPTIONAL y t, 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 4this form to another document. i Description of Attached Document_ } ?-05€5-0 �►'�L¢ �D� . 9 Title or Type of Docum nt: S -1Al(�1 c nvyv�Q.P � u' E ..4'r'� J / 9\ Document Date: o� ( Number of Pages: t Signer(s) Other Than Named Above: 'TO ki'■ Jo pv t ±o ? Capacity(ies) Claimed by Signer(s) q C Signer's Name: S gner's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): t ❑ 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 ;5 t ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: t Signer Is Representing: Signer Is Representing: 1i ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-68:17) Item#5907