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E-749 Stormwater Management Facility Easement Agreement, APN 316-20-080, 081, and 082 DOCUMENT: 22132170 Pages: 14 Fees. . . . 4- No Fees RECORDING REQUESTED BY: Taxes. . Copies. City of Cupertino AMT PA I D WHEN RECORDED,MAIL TO: REG', NA ALCOMENDRAS RDE # 009 SAN'-A CLARA COUNTY RECORDER 3/13/2013 Recorded at the request of 3:22 PM City Clerk's Office C i t y City of Cupertino 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 APN's 316-20-080, 316-20-081 & 316-20-82 10101 North Wolfe Road, Cupertino, CA 95014 Sears, Roebuck and Co., a New York corporation ' Original 171 For Fast Endorsement "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 10101 North Wolfe Road, Cupertino, CA 95014 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: March 13, 2013 By: / • • Kirsten Squarcia Deputy City Clerk City of Cupertino RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT APN's 316-20-080,316.-20-081 & 316-20-082 10101 North Wolfe Road', Cupertino,CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this `�t day of 1\ ;4� 2013, by Sears, Roebuck and Co., a New York corporation,(hereinafter referred to as"Grantor")and the City of Cupertino (the"City"). The Grantor does hereby grant and convey to the City,a non-exclusive Stormwater Facility Management Easement, as described in Exhibit A and Exhibit C of this Agreement (the "Easement"). RECITALS: This Agreement is made and entered into with reference to the following facts: WHEREAS,the Grantor is the owner of real property and improvements located within the City of Cupertino, County of Santa Clara, State of California (the "Property"), as described in Exhibit A and Exhibit C of this Agreement. WHEREAS, 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 BKF Engineers and dated May 23, 2012, which plans and any amendments thereto (collectively, the "Stormwater Management Plan"), 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. WHEREAS, 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. DML1B-#394426-v5-Cupertino CA (Stormwater_Easemert 1 WHEREAS,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 and for purposes outlined in the Stormwater Management Facilities Operation and Maintenance Agreement, of even date herewith, at the Property within the Easement described in Exhibit B and Exhibit D. WHEREAS, 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. WHEREAS, the Grantor will warrant specially said Easement and shall execute such further assurances thereof as may be requisite. WHEREAS, the City acknowledges that the Grantor is relying upon the depiction of the Easement described in Exhibit B of this Agreement. WHEREAS, 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 Property 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 Property 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 City's 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. DMLI13-#394426-v5-Cupertino CA (Stormwater_Easement) 2 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 Slate 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. [Remainder of Page Intentionally Left Blank/Signatures Appear on the Following Page] DMLIB-#394426-v5-Cupertino CA (Stormwater_Easemertj 3 Executed the day and year first above written. SEARS, ROEBUC - 511 : a New York CITY OF CUPERTINO corporation By: AI/ By: _y • ►.n avJ '�, „ Name: Name: ��.,,. Title: Authof:r' n epresei:, �a,;- Title: "'__. ,,)\. S DMLIB-#394426-v5-Cupertino CA_(Stormwater_Easemeni) 4 STATE OF ILLINOIS ) _ )SS- .. COUNTY OF COOK ) The foregoing was acknowledged before me this �_� day of I)\a.∎ (.4 2013 by Atc t, 1- —G_Lk. i Auit,‘., ,t_,_, t.41,,„t,fr.;ta•-,,of Sears, Roebuck and Co., a New York corporation. , a/Z-460-6/ . �, "..v"',4. GWEN A. SANDST ?' -- aA°1�z = ''a OFFICIAL SEAL otary Public Notary Public,State of Illinois `+0� i My Commission Expires July 26,2015 My Commission Expires: 2(,�— ��� s STATE OF CALIFORNIA ) )SS COUNTY OF SANTA CLARA ) The foregoing was acknowledged before me this /2 7T'/ day of /ti/f9QCrq , 2013 by Ti;,�n-, Bey / _ of the City of Cupertino, California. ., KIRSTEN RENEE SOUARCIA Commission el 1906898 ,e' �`� �� —7 < 5p Notary Public-California Notary Public Z \-4:,..1.7i.i Santa Clara County lay Comm. Expires Oct 4,2014 My Commission Expires: QCT 2_o/ Sf DM L I B-#394426-v5-CupertinoCA(Stormwater_Easement) 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 rc c E cc .4=-7<. ,c�.ercrcre cc r,�:c.ce:r, cc:cc ccrc�-.c cc ccrc:c� .e:c:E:c".�xcrcrc!-.=r. r.�xc ec=ec c crerc ee:c ec ccrcx.«..r <i fi State of California 1 x4' County of SA �61 G( a On /11a•,-4 / Zr 2�/1 before me, l�r,-s74�, /4.iec f? Ua PT� 5 N°'4`—� /�✓(' /'c Date Here Isfaert Name and Title of the Officer personally appeared A., .(go rzf'—, Name(s)of Signer(s) �I who proved to me on the basis of satisfactory el evidence to be the person()'whose name(s'jyare fi subscribed to the within instrument and acknowledged fi to me that Okhe/they executed the same in tfi er/their authorized capacity), and that by •s her/their signature.() on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. S Ss=. KIRSTEN RENEE SOUARCIA Commission# 1906898 I certify under PENALTY OF PERJURY under the g 1 y 5� Notary Public-California laws of the State of California that the foregoing fi ` 1,% Santa Clara County paragraph is true and correct. My Comm. Expires Oct 4,2011 WITNESS my hand and official seal. fi Signature: ��- 4, /om- 'O�''', o//mss Place Notary Seal Above Signature of Notary Public ` fi OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document fi and could prevent fraudulent removal and reattachment of this form to another document. fi Description of Attached Document Title or Type of Document: S{vrn,"Pa 7-(_r-/11a"7e*few/ (_/./1 . ,&uf-e#ie 17{ ,•Year eel/ 8 Document Date: A a a4 G / 2-0/3 _ Number of Pages: 7/ v fiSigner(s) Other Than Named Above:4/4 ti S41 11-',Av4ors k/ 4'rt-re WK./S Capacity(ies) Claimed by Signer(s) fiSigner's Name: Signer's Name: fi ❑ Corporate Officer—Title(s): C]Corporate Officer—Title(s): ❑ Individual RIGHT THUMBPRINT I] Individual RIGHT THUMBPRINT L OF SIGNER OF SIGNER ,I fi ❑ Partner—❑Limited ❑General Top of thumb here L] Partner—❑ Limited ❑General Top of thumb here S pfi ❑ Attorney in Fact E]Attorney in Fact ❑ Trustee C]Trustee fi ❑ Guardian or Conservator C]Guardian or Conservator fi ❑ Other: CI Other: fiSigner Is Representing: Signer Is Representing: ' _ r ,P, , �,'r--cr�,�t.'-c.'�-•c,�-c,�.�.�,�-�,'�-c,'4-t>'�,t,'r-�,'-c.�-�,�.c,'�-<;�-�.�.�;r�c,�t,'-�,�-c,�-t,--;-c,�-�,�-c.�-c r-,c;'r-c,�-<, -<,�-�,'-c,��-�,u,<-L'`-�,'r-ti�,�-c,'�-<,'�i' ©2010 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 B October 10, 2012 BKF No. 20106042 ENGINEERS SURVEYORS PLANNERS Page 1 of 2 EXHIBIT"A" STORM WATER MANAGEMENT FACILITY EASEMENT 10101 N. Wolfe Road,Cupertino,CA 95014 Real property in the City of Cupertino,County of Santa Clara, State of California,described as follows: Being a portion of the lands described in that certain Individual Grant Deed, conveyed from Vallco Park, LTD.,a limited partnership to Sears Roebuck and Co.,a New York corporation,recorded March 29, 1968 in Book 8073 at Page 372, Official Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said lands of Sears Roebuck and Co. (8073 O.R. 372), said corner being also a point on the westerly line of North Wolfe Road, as described in said Grant Deed; Thence leaving said corner and along said westerly line of North Wolfe Road, South 01°06'26" East, 204.93 feet to the TRUE POINT OF BEGINNING of this description; Thence leaving said point and said westerly line of North Wolfe Road,the following sixteen (16)courses: 1. South 76°39'22"West, 65.51 feet; 2. South 00°31'29"East, 60.33 feet; 3. South 29°25'01"West, 23.35 feet; 4. North 89°28'31"East, 11.65 feet; 5. South 00°31'29"East, 34.76 feet; 6. South 89°42'28"West, 10.98 feet; 7. South 30°00'05"East, 17.35 feet; 8. South 59°59'55"West, 9.00 feet; 9. South 30°00'05"East, 23.56 feet; 10. North 88°59'32" East, 28.00 feet; 11. North 01°00'28"West,42.11 feet; 12. North 59°30'40"East, 18.33 feet; 13. North 01°06'52"West,6.05 feet; 14. South 88°59'32"West, 15.95 feet; 15. North 01°00'28"West, 76.62 feet; 16. North 88°53'34"East, 36.05 feet to said westerly line of North Wolfe Road; Thence along said westerly line of North Wolf Road, North 01°06'26" West, 35.45 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 6,182 square feet, more or less. Being a portion of Assessor's Parcel No. 316-20-080 per roll year 2011-2012. As shown on EXHIBIT"B"attached hereto and made a part hereof. STORM WATER MANAGEMENT FACILITY EASEMENT Page 2 of 2 For: BKF Engineers I.ANO SU,pG�f .OHN , (0 / Y KOROYAN Dated: f l0 John Koroyan,P.L.S. I. 8883 License Expires: 12-3 -2013 No.8883 F or CAt 1�r,0 K:\Sur10'\106042\Legal Description\Storm Water Facilities Maintenance Easement No. 1.doc yy POINT OF BEGINNING In o O N EASEMENT FOR PUBLIC ,II STREET PURPOSES PER :W 8366 O.R. 393 `o I N Q O TRUE POINT--1: r M OF BEGINNING r 1.1 1`. I fi J L STORM WATER MANAGEMENT-\J;� rat L.L.W 0 50 100 200 FACILITY EASEMENT ^�lti. � I 0 6,182 SQ. FT.± L41 1 1 0 (SCALE 1T1 FEET) L6 ., fa LANDS OF r,.oL _J SEARS ROEBUCK AND CO. L10 Q 8073 O.R. 372 Z APN 316-20-080 LINE TABLE LINE BEARING LENGTH L 1 S76 39'22"W 65.51' _ L2 S00'31'29'E 60.33' L.3 S29 25'01"W 23.35' L4 N89 28'31"E 11.65' a 1.5 S00 31'29'E 34.76' L6 S89 42'28"W 10.98' W L7 53000'05"E 17.35' z m LB S59 59'55"W 9.00' L9 S30'00'05"E 23.56' Cr)w SAND 110 N88 59'32"E 28.00' 1-e �c`o S0R�F L i NO1'00'28"W 42.11' JOHN L12 N59'30'40"E 18.33' KOROYAN L13 NO106'52"W 6.05' * L14 588'59'32"W 15.95' No.8883 L15 NO100'28"W 76.62' 41 sQ' 116 N88 53'34"E 36.05' r N ' L1_7 N0106'26"W 35.45' CUPERIINO, SANTA CLARA COUNTY, CALIFORNIA EXHIBIT "B" K:\Sur10\106042\DWG\PLATS\STORM WATER FACILITY PLAT 1.dwg PLAT TO ACCOMPANY LEGAL DESCRIPTION 1650 TECHNOLOGY DRIVE Subject STORM WATER FACILITY EASEMENT SUITE 650 10101 N. WOLFE ROAD, CUPERT I NO, CA SAN JOSE,CA 95110 Job No. 20106042 408-467-9100 By J0 Date 10-10-12 Chkd. JVK EININESIS 1 31111WITNIS'F 408-467-9199(I'AX) SHEET 1 OF 1 -04 K October 10,2012 BKE No. 20106042 ENGINEERS SURVEYORS'PLANNERS Page 1 of 2 EXHIBIT"C" STORM WATER MANAGEMENT FACILITY EASEMENT 10101 N. Wolfe Road, Cupertino,CA 95014 Real property in the City of Cupertino,County of Santa Clara, State of California,described as follows: Being a portion of the lands described in that certain Individual Grant Deed, conveyed from Valico Park, LTD.,a limited partnership to Sears Roebuck and Co., a New York corporation,recorded March 29, 1968 in Book 8073 at Page 372, Official Records of Santa Clara County, more particularly described as follows: Beginning at the northeasterly corner of said lands of Sears Roebuck and Co. (8073 O.R. 372), said corner being also a point on the westerly line of North Wolfe Road, as described in said Grant Deed; Thence leaving said corner and along said westerly line of North Wolfe Road, South 01°06'26" East, 515.93 feet to the TRUE POINT OF BEGINNING of this description; Thence leaving said point and said westerly line of North Wolfe Road, the following thirty-one (31) courses: 1. South 89°35'56"West, 153.21 feet; 2. North 00°34'59"West, 38.46 feet; 3. North 89°42'28"East, 12.68 feet; 4. North 30°00'05"West,25.82 feet; 5. South 89°25'01"West,29.00 feet; 6. South 00°34'59"East, 60.80 feet; 7. South 89°35'56"West, 328.98 feet; 8. South 00°24'04" East, 29.00 feet; 9. South 60°24'04"East,21.30 feet; 10. North 29°35'56"East, 8.50 feet; 11. South 60°24'04"East, 15.63 feet; 12. North 00°24'04"West, 11.10 feet; 13. North 89°35'56"East,73.00 feet; 14. South 00°24'04" East, 7.73 feet; 15. North 89°35'56" East, 19.23 feet; 16. North 29°35'56"East,4.46 feet; 17. South 60°24'04"East, 15.63 feet; 18. North 00°24'04"West, 11.69 feet; 19. North 89°35'56"East,28.53 feet; 20. South 30°24'04" East, 12.48 feet; 21. North 59°35'56"East,21.62 feet; 22. North 89°35'56"East,75.55 feet; 23. South 30°24'04"East,9.97 feet; 24. North 59°35'56"East, 17.27 feet; 25. North 89°35'56"East, 34.27 feet; 26. South 60°24'04"East, 21.05 feet; 27. North 00°24'04"West. 10.53 feet; STORM WATER MANAGEMENT FACILITY EASEMENT Page 2 of 2 28. North 89°35'56"East, 16.50 feet; 29. South 00°24'04"East, 9.53 feet; 30. North 59°35'56"East, 19.05 feet; 31. North 89°35'56" East, 132.81 feet to said westerly line of North Wolfe Road; Thence along said westerly line of North Wolf Read, North 01°06'26" West, 29.00 feet to the TRUE POINT OF BEGINNING of this description. Containing an area of 17,624 square feet,more or less. Being a portion of Assessor's Parcel No. 316-20-080 per roll year 2011-2012. As shown on EXHIBIT"D" attached hereto and made a part hereof. For: BKF Engineers ���D 804,4. �` JOHN °� I. l °°??0 By KC ROYAN Dated: f John Koroyan, P.L.S. o. 8883 License Expires: 12-31-2013 No.:::3 qrF �F $* K:\Surl0\106042\Legal Description\Storm Water Facilities Maintenance Easement No.2.doc • i LINE TABLE LINE TABLE POINT OF LINE BEARING LENGTH LINE BEARING LENGTH BEGINNING / L1 NO0 3 W 4'59" 38.46' L16 NO0 24'04"W 11.69' / L2 N89 42'28"E 12.68' L17 N89:35'561:7 28.53' I L3 N30'O0'05"W 25.82' L1B S3024'04"E 12.48' L4 S89 25'01"W 29.00' L19 N59 35'56' 21.62' ` L5 SO0'34'59"E 60.80' L20 N8935'56"E 75.55' 1 L6 S0024'04'E 29.00' L21 S30 24'04"E 9.97' 0 L7 S6024'04'1* 21.30' L22 N59 35'56"E 17.27' n L8 N2935'56"E 8.50' L23 N8935'56'E 34.27' 0 L9 S60 24'04"E 15.63' L24 S6024'O4"E 21.05' o °i CC Sri L10 NO024'04"W 11.10' L25 NO024'04'W 10.53' II II 173 W L11 N89 35'56"E 73.00' L26 N8935'56"E 16.50' (,, "i La L12 S0024'04"E 7.73' L27 S0024'04"E 9.53' 10 J w tfe L13 N8935'56"E 19.23' L28 N5935'56"E 19.05' N 0 L14 N29 35'56"E 4.46' L29 N01'06'26"'W_ 29.00' L15 S60'24'04"E 15.63' M '6 LANDS OF SEARS ROEBUCK AND CO. CC 8073 O.R. 372 0 Z APN 316-20-080 STORM WATER MANAGEMENT L4 FACILITY EASEMENT r ---``,' TRUE POINT - 17,624 SQ. FT.± J I F in OF BEGINNING S89 35'56"W 328.98' _N j 'r 58935'56"W 153.21'L J rn CI Cc NV� L17 _ _ L23 JL26N _ _ _ _ N 4,,..... __ 9 ° L11 L- t° L20 7-3. 517- a L Z N89 35'56"E 132.81' Z m Nc Cn W EASEMENT FOR PUBLIC p v STREET PURPOSES PER ���ca..0 D SUA F� 8366 O.R. .393 JOHN (;45 KOROYAN No.8883 {0`, 50 100 200 .1 I I I k ill 4 it, �Q r0 ■ '� Foy`' (SCALE IN FEET) CUPERTINO, SANTA CLARA COUNTY, CALIFORNIA EXHIBIT "D" K:\Sur10\106042\DWG\PLATS\STORM WATER FACILITY ESMT 2.dwg PLAT TO ACCOMPANY LEGAL DESCRIPTION 1650 TECHNOLOGY DRIVE Subject STORM WATER FACILITY EASEMENT tl SUITE 650 10101 N. WOLFE ROAD, CUPERTINO, CA SAN JOSE,CA 95110 Job No. 20106042 °,_ 408-467-9100 By JG Date 10-10-12 Chkd. JVK 408-467-9199(FAX) PM=I___lionn!Pawns SHEET 1 OF 1