Loading...
E-779 Stormwater Management Facility Easement Agreement 7801, 7802, 7803, 7805, 7806 Bollinger Rd.I)oCUMENT: 22473913 Fees Pages 10.00 Taxes - REQUEST OF I AMT i es RECORDED AT THE RE . . Q ) AMT PAID 10.00 and ) WHEN RECORDED RETURN TO: ) RDE # 006 City of Cupertino ) REGINA ALCOMENDRAS 12/17/2013 10300 Torre Avenue ) SANTA CLARA COUNTY RECORDER 1,54 PM Cupertino, CA 95014 ) Recorded at the request of 1 City SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 7801, 7802; 7803, 7805 and 7806 Bollinger Road, Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ( "Agreement ") is made and entered into this lion "fday of 0 i E `8((f , 20 13, by Bollinger 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 Stornwater Facility Management Easement, under, over, upon and across the "Yard Access Easements" shown and described in Exhibit `B' of this Agreement. RF.C''T'f AT,C- 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 stoi7nwater management facilities within the easements described on Exhibit "B ". The storrnwater management facilities are shown in the Stonnwater Management Plan prepared by Westfall FINAL -1- 12/16/13 C -»9 Engineers, Inc. and dated November 3.0, 2012, . 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 Stonnwater 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 stonnwater 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 Stonmwater 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 Rumiing 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 constnied as covenants and equitable servitudes, enforceable by the City and 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. FINAL -2- 12/16/13 2. Indeinnity: The GRANTOR, its successors and assigns, shall defend, indemnify, and hold the CITY hannless 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 t:he CITY's sole negligence and/or intentional conduct or the sole 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 instruction, as shall be necessary to fully effectuate the tenns 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 ,3hall, 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. 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 arty 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- 12/16/13 Executed the day and year first above written. (GRANTOR) BOLLINGER VENTURE, LLC, a California limited liability company By: v Name: - 1 14 Title: (Notary Acknowled ent t e attached) CITY OF CUPERTINO By: _ Name: Title:'7, ApDroved as to Form 00� arol. Korade. City Attorney FINAL -4- 12/16/13 State of California County of PNAKAk IX111 On (t� l� before me, �•'iclh✓l/t b� jHe6 insert name and title of the personally appeared \A [AN � tV1 who proved to me on the basis of satisfactory evidence to be the person�(�) whose name s (isle- subscribed to the within instrument and acknowledged to me th t� e%lae /they- executed the same ' his /her /their authorized capaclty(les..�and that byNs/her /their_signaturos) -on the iinstrument the perso*) -, or the entity upon behalf of which the personks) acted, 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. Ca1c...N... WITNESS y hand and officia seal. Mom► mft -Cowft Akme t Cft* $ COW. Explm May 2392015 + . (Notary Seal) Signature of Notary Public ADDITIONAIL OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAWED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as 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 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 Calif Prnia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • Suite and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signets) personally appeared which must also be the same date the acknowledgment is completed. • 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. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. heishe /they; is /afe ) or circling the correct forms. Failure to correctly indicate this infbrmation may lead to rejection of document recording. • 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 suilicient area permits, otherwise complete a different acknowledgment form. • Silprature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. 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 EXHIBIT "A" All that certain real property situated in the City of Cupp -rtino, County of Santa Clara, State of California, more particularly described as follows: Lots 1 through 5, as shown on the map of Tract No. 10157, filed for record in Book 860 of Maps at Pages 21 and 22, Santa Clara County Records. FINAL -5- 12/16/13 EXHIBIT "B" YARD ACCESS EASEMENT ACROSS LOT 1, TRACT 10157 All the real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the Southeasterly corner of Lot 1 at a point on the right of way of Bollinger Road as shown on the subdivision map of Tract No. 10157, filed for record in Book 860 of Maps at Pages 21 and 22 Santa Clara County Records; thence along said right of way line of Bollinger Road West a length of 46.42 feet; thence 2.45 feet along a tangent curve to the left, said curve having radius of 42.00 feet and delta 31 20' 55 "; thence leaving said right of way line and along the Westerly lot line of said Lot 1 North 19° 06' 21" West a length of 16.44 feet; thence leaving said lot line North 74° 09' 00" East a length of 56.40 feet to the Easterly lot line of said lot ; thence along said lot line South a length of 30.87 feet to the point of beginning. Containing 1216 square feet more or less. Sheet 1 of 10 Prepared by: Westfall Engineers, Inc. wF� Ewa �(n� Qcn O w Y N89'55'23 "E� 0 o LOT 1 i� TRACT 10157 TRACT 10157 1 " =30' o �Z YARD ACCESS EASEMENT o.` a o N R= 42.00 L=2.45 ' D=3'20'55" WEST 46.42' L STORM DRAIN FACILITIES BOLLINGER ROAD EXHIBIT 'B' PREPARED BY: WESTFALL ENGINEERS, INC. Sheet 2 of 10 EXHIBTT "B" YARD ACCESS EASEMENT ACROSS LOT 2, TRACT 10157 All the real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the Southeasterly corner of Lot 2 at a point on the right of way of Bollinger Road as shown on the subdivision map of Tract No. 10157, filed for record in Book 860 of Maps at Pages 21 and 22 Santa Clara County Records; thence along 33.13 feet along said right of way of Bollinger Road and a non - tangent curve to the left, said curve having radius of 42.00 feet, a delta 45° 11' 20" and radial bearing South 031 20' 54" East; thence laving said right of way and along the Westerly lot line of said Lot 2 North 461 11' 28" West a length of 31.71 feet; thence leaving said lot North 52° 58' 19" East a length of 48.85 feet to the Easterly lot line of Lot 2; thence along said lot line South 19° 08' 56" Seconds East a length of 39.43 feet to the point of beginning. Containing 1,326 square feet more or less. Sheet 3 of 10 Prepared by: Westfall Engineers, Inc. LLi Ewa �- V) Lf) Q� O W Y _ m N89'55'23 "E LOT 2 %, ♦ TRACT 10157 STORM DRAIN FACILITIES YARD ACCESS EASEMENT 1 "= 30' R= 42.00' D= 45'11'20" L= 33.13' BOLLINGER I EXHIBIT 'B" PREPARED BY: WESTFgLL ENGINEERS, INC. Sheet 4 of 10 EXHIBIT "B" YARD ACCESS EASEMENT ACROSS LOT 3, TRACT 10157 All the real property situated in the City of Cuperi:ino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the Northeasterly comer of Lot 3 at a point on the right of way of Bollinger Road as shown on the subdivision map of Tract No. 10157, filed for record in Book 860 of Maps at Pages 21 and 22 Santa Clara County Records; thence 30.02 feet along said right of way line of Bollinger Road and a non - tangent curve to the left, said curve having a radius of 42.00 feet, a delta 40° 57' 16" and a radial bearing South 48° :12' 14" East; thence leaving said right of way line and along the Southerly lot line of Lot 3 Norl:h 75° 1 l' 51" West a length of 34.54 feet; thence leaving said lot line North 14° 27' 39" East a length of 50.29 feet to the Northerly lot line of said lot; thence along said lot line South 46° 111' 28" East a length of 43.45 feet to the point of beginning. Containing 1,405 square feet more or less. Sheet 5 of 10 Prepared by: Westfall Engineers, Inc. Ld �t �wa�. C3 m �V� a� O LLJ Y Q] s ♦ ♦S %j. LOT 3 i TRACT 10157 r A N75.1151 W 4$� STORM DRAIN FACILITIES YARD ACCESS EASEMENT 1 " =30' '' s� BOLL I NGER R= 42.00' L=30.02' ROAD ROAD EXHIBIT "B" PREPARED BY: WESTFALL ENGINEERS, INC. Sheet 6 of 10 EXHIBIT "B" YARD ACCESS EASEMENT ACROSS LOT 4, TRACT 10157 All the real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the Northeasterly corner of Lot 4 at a point on the right of way of Bollinger Road as shown on the subdivision map of Tract No. 10157, filed for record in Book 860 of Maps at Pages 21 and 22 Santa Clara County Records; thence 34.14 feet along said right of way line of Bollinger Road and a non - tangent curve to the left, said curve having a radius of 42.00 feet, a delta 46° 34' 19" and a radial bearing South 89° 29' 30" East; thence leaving said right of way line and along the Southerly lot line of Lot 4 South 41 Degrees 24 Minutes 52 Seconds West a length of 25.25 feet; thence West a length of 18.37 feet; thence leaving said lot line North a length 55.43 feet to the Northerly lot line of said lot; thence along said lot line South 75° l l' 51" East a length of 22.98 feet to the point of beginning. Containing 1,372 square feet more or less. Sheet 7 of 10 Prepared by: Westfall Engineers, Inc. STORM DRAIN FACILITIES co o LOT 4 TRACT 10157 c WEST 110.70' YARD ACCESS EASEMENT 1 "= 30' BOLLINGER ROAD S 89'29'30 "E x ryh EXHIBIT 'B" PREPARED BY: WESTFALL ENGINEERS, INC.. R=42..00' D= 46'34'19" L= 34.14' Sheet 8 of 10 EXHIBIT "B" YARD ACCESS EASEMENT ACROSS LOT 5, TRACT 10157 All the real property situated in the City of Cupertino, County of Santa Clara, State of California, more particularly described as follows: Beginning at the Northeasterly corner of Lot 5 at a point on the right of way of Bollinger Road as shown on the subdivision map of Tract No. 10 15 ;', filed for record in Book 860 of Maps at Pages 21 and 22 Santa Clara County Records; thence along the Easterly lot line of said Lot 5 South a length of 42.90 feet; thence leaving said lot line West a length of 92.27 feet to the Westerly lot line of said lot; thence along said Westerly lot ling; North a length of 11.72 feet; thence North 41' 24' 52" E a length of 25.25 feet to the right of way line of Bollinger Road; thence 72.25 feet along said right of way line and a non - tangent curve to the left, said curve having a radius of 42.00 feet, a delta 98° 33' 35 ", and a radial bearing North 43° 56' 11" East; thence 14.25 feet along a reverse curve to the right, said curve having a radius of 15.00 feet and delta 54° 25' 22" Seconds to the point of beginning. 0 Containing 2,339 square feet more or less.. Sheet 9 of 10 Prepared by: Westfall Engineers, Inc. 1 "= 30' STORM DRAIN FACILITIES ]BOLLINGER ROAD r co LOT 5 �° to i TRACT 10157 0 Zi ` WEST 92.27' EXHIBIT 'B" PREPARED BY: WESTFALL ENGINEERS, INC. - STORM DRAIN FACILITIES YARD ACCESS EASEMENT Sheet 10 of 10 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of _�_a o- / t (-jcz - ,—q CIVIL CODE § 1189 On 6e6 , �� , 2-0 l 3 before me, f�t��r � _ t? H e� _S_ I-( -_ Y" , N� fury �� b i�'c Date' Here Insert Nam nd Title of the Offi er ' personally appeared 19 d I_d1f 1-1 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(�are subscribed to the within instrument and acknowledged to rite that �he he /they executed the same in �i er /their authorized capacity(iet), and that by hi her /their signature) on the instrument the person(g), or the entity upon behalf of which the person(o acted, executed the instrument. KIRSTEN RENEE SOUARCIA I ceitify under PENALTY OF PERJURY under the Commission # 19068 laws of the State of California that the foregoing a ° -® Notary Public California i i z Santa Clara County ' paragraph is true and correct. My Comm. Expires Oct 4, 2014 WITNESS my hand and official seal. Signature: Place Notary Seal Above °r Signature of Notary Public 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 reatiachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual • ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer— Title(s): ❑ Individual NAME M, ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 2010 National Notary Association • National Notary.org • 1- 800 -US NOTARY (1 -800- 876 -3827) item Nb9l1/ ` A ­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 7801, 7802, 7803, 7805 and 7806 Bollinger Road, Cupertino, CA 95014 APNs 359 -22 -084, 359 -22 -085, 359 -22 -086, 359 -22 -087 & 359 -22 -088 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: December 17, 2013 By. v, Kirsten Sq,uarcia Deputy City Clerk-_ "