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E-877 Grant of Easement (Public Utility Easement), APN 316-20-121 24551159 Regina Alcomendras RECORDING REQUESTED BY,AND Santa Clara County - Clerk-Recorder WHEN RECORDED RETURN TO: 07/23/2020 11:38 AM City of Cupertino Titles: 1 Pages: 11 0S(00 d,rve �Je Fees: $0.00 � ,I 2 Taxes: $0.00 Co Pe_y+ c) 2 C A , r}5-014 J°L-5s Total: $0.00 1111 i01�1I�,4 I1�500 "III III Exempt from Recording Fees (Govt. Code § 27383) (Space above this line reserved for Recorder's use only) GRANT OF EASEMENT (Public Utilities Easement) API ; 3i6 -20- �21 FOR VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, VALLCO PROPERTY OWNER, LLC, a Delaware limited liability company, on behalf of itself and its successor and assigns (collectively, "Grantor"), hereby grants to the CITY OF CUPERTINO, a municipal corporation ("City" or "Grantee"), a public utilities easement in,across,and through Grantor's real property located in Cupertino,California,and described and depicted in attached Exhibit A and depicted in Exhibit B (the "Easement Area"), which shall be referred to hereafter as the "Easement." 1. Nature of Easement. The Easement is a non-exclusive easement in gross for public utilities purposes, together with the right, but not the obligation,to construct, improve, repair, operate, and maintain any and all public utilities and related public improvements ("Grantee's Facilities") in, on, under, along and across the real property which shall be or become necessary for preservation of the public safety,welfare or convenience, the right to excavate to access Grantee's Facilities from the surface of the ground, and the right to place temporary facilities and equipment above ground in connection with any emergency or repair work, as needed to maintain continuous utility service (provided that any such temporary above-ground facilities or equipment shall be maintained only so long as needed to address the emergency or perform the work). The Easement Area is a portion of Grantor's real property described in attached Exhibit C (the "Property"). 2. Term of Easement. The Easement is perpetual unless terminated in accordance with this section. The parties recognize that the purpose of the Easement is to relocate existing public utilities to allow for the construction of the Vallco Town Center Project approved by the City on September 21, 2018. If prior to the commencement of demolition of the existing utilities, Grantor gives notice of its intent not to proceed with the Vallco Town Center Project, this Easement shall terminate. Upon the termination, Grantee shall cause to be executed, acknowledged and delivered on behalf of Grantee to Grantor a quitclaim deed to evidence such termination. 17571.001 4846-2654-7391.1 1 3. Grantor's Reserved Rights. Grantor, on behalf of itself, its agents, contractors, subcontractors, suppliers, consultants, employees, invitees or other authorized persons acting for or on behalf of Grantor, including but not limited to any lessee and its tenants (collectively, "Grantor's Agents"), reserves the right to use and install improvements on the Property and the Easement Area, in any way not inconsistent with the above grant of Easement, subject to the following: a. Grantor shall not use the Easement Area or permit the same to be used for any purpose or in any manner that will interfere with the proper use, function, maintenance, repair, replacement of, or access to any of Grantee's Facilities. b. Grantor shall not use the Easement Area for the erection of any structure that will damage, interfere with, or endanger the proper use, function, maintenance, repair or replacement of any of Grantee's Facilities. C. Grantor shall indemnify and hold Grantee harmless for any damage to any of Grantee's Facilities caused by Grantor, its agents, employees, or third parties that Grantor has allowed to carry out construction projects, works of improvements, or maintenance on the Easement Area and shall further indemnify, defend (with counsel reasonably approved by Grantee), and hold Grantee harmless from and against any cost, expense, liability, damage or injury to property or persons arising out of such damage. 4. Grantee's Use of the Easement. In undertaking maintenance work within the Easement Area, Grantee shall use reasonable care to avoid causing damage to the Easement Area and any of Grantor's property occupying that area. Grantee shall not be liable in any manner, and Grantor hereby waives any claims, for damages arising out of Grantee's entry onto or use of the Easement Area, except to the extent resulting directly from Grantee's breach of its covenants in this Agreement or, as to any inconvenience, disturbance, loss of business, or nuisance, from the gross negligence or willful misconduct of Grantee or its contractors or agents. S. Abandonment of Easement. Grantee may, at its sole option, abandon the Easement by recording a quitclaim deed. Except as otherwise provided in this grant of easement, upon recording such quitclaim deed, the Easement and all rights, duties and liabilities hereunder shall be terminated and of no further force or effect. No temporary non- use of the Easement Area or other conduct, except for recordation of the quitclaim deed as provided in this paragraph, shall be deemed abandonment of the Easement. 6. Exhibits. The exhibits referenced in and attached to this Easement Agreement are incorporated into and made a part of this Easement Agreement. Grantor and City acknowledge that the precise locations described in the attached exhibits may change upon construction of utility-related improvements in those locations. In such an event, Grantor and City agree to work together in good faith to amend and restate this Easement Agreement as needed to reflect the area required for the utilities as actually installed. 7. Easement Runs With the Land.The conditions and covenants contained in this Agreement shall run with the land, burden the Easement Area and be binding on and benefit 17571.001 4846-2654-7391.1 2 Grantor and Grantee and their respective agents, successors and assigns unless earlier terminated by written agreement of the parties or their respective successors and assigns. 8. Attorneys Fees. In any lawsuit to enforce any provision of this grant of easement, each party shall bear its own costs and fees, except as otherwise provided by law. 4� Executed as of this �:%t day of ): 20,,- GRANTOR: VALLCO reli TY NER, LLC A Delaw t , ility company By: Name: Title: kt,I CLif�� 17571.001 4846-2654-7391.1 3 Grantor and Grantee and their respective agents, successors and assigns unless earlier terminated by written agreement of the parties or their respective successors and assigns. 8. Attorneys Fees. In any lawsuit to enforce any provision of this grant of easement, each party shall bear its own costs and fees, except as otherwise provided by law. Executed as of this ��' day of 20 GRANTEE: CITY OF CUPERTINO A municipal corporation By: Name: .S .fir Title: / ,e z,t4 ' /4Grr 17571.001 4846-2654-7391.1 4 EXHIBIT "A" LEGAL DESCRIPTION A Public Utility Easement,being a portion of Parcel B, as said Parcel B is described and shown in that certain Document entitled Lot Merger to Sand Hill Property Company,recorded January 14,2019 as Document 24097492,Santa Clara County Records,being more particularly described as follows: BEGINNING at the northwest corner of said Parcel B, said point being a point on the easterly line of Wolfe Road,as said Wolfe Road is shown on that certain Document entitled Lot Merger to Sand Hill Property Company,Recorded January 14,2019 as Document 24097492,Santa Clara County Records,said point being also the southwest corner of Parcel B as said Parcel B is shown on that certain Parcel Map filed in Book 804 of Maps,Page 22,Santa Clara County Records,said point being the beginning of a non-tangent curve concave northerly with a radius of 528.00 feet, from which the radius point bears South 1°39'13" East; Thence,easterly along said curve through a central angle of 2°15'02" an arc distance of 20.74 feet along the northerly line of said Parcel B to a point of tangency; Thence,North 86°05'45" East,119.28 feet; Thence,North 88°54'46" East 55.94 feet; Thence,North 1°05'14" West 25.28 feet; Thence,North 88°54'46" East 30.04 feet; Thence,leaving said northerly line of Parcel B South 1°05'14" East 87.38 feet; Thence,South 88°54'32" West 222.75 feet; Thence,South 26°1745" West 18.02 feet; Thence,South 88°54'46" West 6.31' to a point on the westerly line of said Parcel B,also being a point on the easterly line of said Wolfe Road; Thence,northerly along said easterly line North 1°05'14" West,32.01 feet; Thence,northerly and continuing along said easterly line of Wolfe Road North 15°06'31" East 41.27 feet to the POINT OF BEGINNING. Said easement containing 14,887 square feet,more or less,as shown on Exhibit"B" attached hereto and by this reference made a part hereof. Exhibit "A"Legal Description, Sheet 1 of 1 This description was prepared by me or under my direction in conformance with the requirements of the California Professional Land Surveyors Act. LSD .iK No. 9126 Q CALI����~ K y ohnson,PLS 9126 Date: tober 5,2019 i Exhibit "A"Legal Description, Sheet 2 of 1 0 20 40 LEGEND SCALE: 1" = 40' EASEMENT EXTENTS LOT LINES ADJACENT — — PROPERTY LINE — — — — — — — — EXISTING ROADWAY EASEMENT Sl V5'1 ' 4 E 87.38 N88*54'46"E 30.04' PARCEL B 117,617± ACRES DOC 124097492 N1 V5'14"W 25.28' O' t9 - - - - - - - - - - - - - - - - - - - ;,r�r?r r l B' I EXISTING a 0% kl J 2 ROAD EASEMENT °a$ I (B526 OR 74) VICINITY MAP 2 SCALE = NOT TO SCALE PUBLIC U11U1 I N — — EASEMENT _ - - - - - - - - - 14,887f SQ. FT. I r PARCEL B I PUBLIC UTIUTY iDOC 124097492 1 8 I I I I , PARCEL B = EASEMENT -- --J I 17.617± ACRES I14,8871 SQ. FT. WOLFE ROAD I p I DOC #24097492 - - - - - - i R=528.00' I L=20.74' I A=275'02" POINT OF j BEGINNING S2677'45 W 18.02 S1p�AL D s &71'--I S88'5446"W 6.31 z i' NfV5'14"W 32.01' 0. 126 WOLFE ROAD OF CALZ�p PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT 'B" CIVIL INGINIERS DATE:10 5 2019 SHEET S A N D I S I sunverGRS SCALE: 1•=40' PUBLIC UTILITY �LANNlRS DRAWN BY: NBB EASEMENT 1 � 1700 Winchester Bwlewrd,Campbell, CA 95008 1 P.408.636.0900 1 F. 408.636.0999 1 www.sandis.net APPROVED BY: KSJ P pwwiNCNa: CUPERTINO CA • 215028 OF 1 SHEETS Copyright C 2019 by Sandis EXHIBIT C Description of Grantor's Property All that certain.real property lying in the City of Cupertino, County of Santa Clans,State of California,being all of Parcels One,Two and Three as shown on that certain Lot Line Adjustment recorded August 22,2006 as Document Number 19069106 in Santa.Clara County Official Rmords,more particularly described as follows: BEGINNING at the northeasterly corner of said Parcel Three; Thence, along said Parcel Three South 60*16'27"East 123.59 feet(formerly 123.46 feet-per said Lot Line Adjustment); Thence, continuing along said Parcel 11 ree, South 01°05'l4"East 1049.61 fit to a point on the northerly line of Vallr6 Parkway lying 55.00 feet Northerly of and perpendicular to the monument line thereof-, Thence,along said Parcel Three and Two, South 88'54'46"West 678.04 feet(formerly 678.00 feet per said Lot Line Ad jusUnent)to the beginning of tangent curve; Thence, continuing along said Parcel Two on a eurve to the night having a radius of20.00 feet, through a central angle of90°00'00", an arc length of 31.42 feat to a point of tangency, Thence, continuing along said Parcels Two and One, said line being also the easterly lino of Wolfe Road,North 01005114" West 1021.53 feet (1021.65 feet per said Lot Line-Adjustment), Thence, wnthxuing along said Parcel One the folloAing four(4)coins: (1) North 1500631"East,41.27 feet(formerly 41.30 feet per said Lot Line Adjustment),to the beginning of a non-tangent curve, concave to the North to which a radial line bears South 01'39'13"East; (2) Easterly along said curve having a radius of 529.00 feet,through a central angle of 02°!5'02", an arc length of 20.74 feet; (3)North 86*05'45"Fast, t 19.28 feet; (4)North 88054146"East,55.94 feet to a point on the westerly line of said Parcel 3; Thence,along said Parcel 3,North 01"0514"West, 25.28 feet; Thence,continuing along said Parcel 3,North 8815446"Fast,384.58 feet to the POINT OF BEGINNING. 17571.001 4846-2654-7391.1 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5 74 &�4 ) On ,/, /6 ZL2,,2 before me, � _ (insert n6me and title of th6 officer) personally appeared Flee I) , who proved to me on the basis of satisfacto evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my hand and official seal. ,yam: ,f KATIE YAO Notary Public-California Z i Santa Clara County o. Commission#2266120 _ My Comm.Expires Dec 5,2022 Signature - (Seal) 17571001 4810-4992-0191.1 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Clara On e Z.2 before me, Lauren Sapudar ,Notary Public, (Here insert name and title of the officer) personally appeared ig"I C. L.Q. , who proved to me on the basis of satisfactory evidence to be the rso (s) whose ai e(s)(D/are subscribed to the within instrument and acknowledged to me that(Oshe/they executed the same in h—Wher/their authorized 4�ies), and that by /her/their atur (s) on the instrument the frs (s), or the entity upon behalf of which the erso (s) 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. y w Y LAUREN SAPUDAR WITNES my hand and official seal. `: Notary Public•California Z Santa Clara County _ Commission 9 2247155 My Comm.Expires Jun 22,2022 (Notary Seal) S' atIn of Notary Public 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 fors by crossing off incorrect forms(i.e. he/she/they,—is/are)or circling the correct forms.Failure to correctly indicate this ❑ Individual(s) 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 for. ❑ 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 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 C 2004-2015 ProLink Signing Service,Inc.—All Rights Reserved www.TheProLink.com—Nationwide Notary Service "NO FEE" City of Cupertino I CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of j Section 27281 of the Government Code. i This is to certify that the interest in real property conveyed by the deed or grant dated 41e ro rLu?b from Vallco Property Owner,LLC, a Delaware limited liability company to the City of Cupertino, a municipal corporation, is hereby accepted by the undersigned on behalf of the City Council of the City of Cupertino pursuant to authority conferred by Resolution No.11-175 of the City Council adopted on October 4,2011,and the grantee consents to recordation thereof by its duly authorized officer. Dated: 1 �21 2O By: Roger Lee Public Works Director