E-878 Grant of Easement (Public Utility Easement), APN 316-20-120 24551160
Regina Alcomendras
RECORDING REQUESTED BY,AND Santa Mara County - Clerk-Recorder
WHEN RECORDED RETURN TO: 07/23/2020 11:38 AM
City of Cupertino Titles: 1 Pages: 11
Fees: 0.00
l u306 jt,rre /NV@ Taxes: $0.00
Total ; $0.00
C�p�,�ioo , CA '1504- �255
Exempt from Recording Fees (Govt. Code §
27383)
(Space above this line reserved for Recorder's use only)
GRANT OF EASEMENT
(Public Utilities Easement)
/s,PN'. 3 1 G— 20p- 120
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 4810-4992-0191.1
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
17 571,001 4810-4992-0191.1
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 li%� day
GRANTOR:
VALLCO P PE Y ER.LLC
A Delaw re ed li ty company
By:
Name: ` Aj
Title:
17571,001 4810-4992-0191.1
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.
l.tl,l
Executed as of this day of tee- 2V .
GRANTEE:
CITY OF CUPERTINO
A municipal corporation
By: --
Name:
Title: cz v
17571.001 4810-4992-0191.1
EXHIBIT "A"
LEGAL DESCRIPTION
A Public Utility Easement,being a portion of Parcel A,as said Parcel is described and shown in
that certain Document entitled Lot Merger to Sand Hill Property Company,recorded January
14,2019 as Document 24097490,Santa Clara County Records,being more particularly described
as follows:
BEGINNING at the northeast corner of said Parcel A, said point being also the southeast corner j
a
of Parcel One as said Parcel is shown on that certain Record Of Survey filed in book 858 of maps
at page 41,recorded January 9th,2013,Santa Clara County records.
Thence leaving said corner, along the westerly line of Wolfe Road as said Wolfe Road is shown
on said Record Of Survey,South 1 20 50 West 29.75 feet to the beginning of a curve concave
westerly and has a radius of 100.00 feet;
Thence,southerly along said curve through a central angle of 3°26'58" an arc distance of 6.02
feet;
Thence,leaving said westerly line of Wolfe Road South 88°54'37" West,254.94 feet;
Thence, North 1°05'14" East,62.53 feet;
Thence,North 88°54'46" East,14.83 feet to the beginning of a non-tangent curve concave
westerly having a radius of 20.00 feet,to which a radial line bears South 67°30'18" East;
Thence,northerly along said curve through a central angle of 23°34'56" an arc distance of 8.23
feet to a point of tangency;
Thence,North 1°05'14" West,41.82 feet to a point on the southerly line of said Parcel One;
Thence,along the southerly line of said parcel North 88°50'57" East,37.60 feet;
Thence,South 1°09'03" East,53.51 feet;
Thence,South 82°53'14" East, 76.01 feet to the beginning of a curve concave northerly having a
radius of 1368.73 feet;
Then easterly along said curve through a central angle of 5°21'12" an arc distance of 127.88 feet
to the POINT OF BEGINNING.
Said easement containing 14,463 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 2
This description was prepared by me or under my direction in conformance with the
requirements of the California Professional Land Surveyors Act.
NL LSD
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-JK No. 9126
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K y ohnson,PLS 9126
Date:O tober 5,2019
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Exhibit "A"Legal Description, Sheet 2 of 2
0 20 40 POINT OF WOLFE ROAD LEGEND
SCALE: 1" = 40' BEGINNING S170'50"W 29.75, EASEMENT EXTENTS
R=10000' — — PROPERTY LINE
L=6.02' — — — — — — EXISTING ROADWAY
�376,56" EASEMENT
I
I � I PARCEL A
PAR r r i ONr— ,1 I
I ^ co N I 33.205± ACRES
N w I DOC 124097490
Ali
N I I•
i I I VICINITY MAP
If I N SCALE=NOT TO SCALE
f i�--�PNBFE Wou ROAD_
• I LIC UTILITY
l
EASEMENT I
I 14,4631 SQ. FT. PARCEL A , I
—— 33.205± ACRES '
I I DOC 124097490 I
PUBLIC UTILITY —
�� EASEMENT
`�, 14,463f SQ.'-FT,I_ — —
, - - - - - - - - - - - - - - - - - - -
I N
c� EXISTING 52'
c S1 b9'03'E�3.51' S1'09'03"E 5&88' ROAD B520 OR EASEMENT
74 T
L - - -j/, — — — — — — — — — — — — — — — — — �SS-� S'
1 n5'14"W 41.82'
40 PARCEL A z
2 N88'5446"E 14� 33.205± ACRES �c 0. 9126
R=20.00' N1 ti5'14"W 62.53' DOC #24097490
L=8.23' of CALZ��
A=23e3456"
PLAT TO ACCOMPANY LEGAL DESCRIPTION EXHIBIT "B"
O CIVIL lN61NlLNS DATE:10 5 2079
sue
D ' VEYORS� VEYORSSCALE: 1'=40' PUBLIC UTILITY SHEET
PLANNERS DRAWN BY: NBB APPROVED EASEMENT 1 1700 Wincheater Boulewrd, Campbell,CA 95008 1 P.408.636.0900 1 F. 408.636.0999 1 www.eandie.net N KSJ
333 DMINCNa: CUPERTINO CA
• • 215028 OF 1 SHEETS
Copyright C 2019 by Sandis
EXHIBIT C
Description of Grantor's Property
All that certain teal property situatc in the City of Cupertino,County of Santa Clara,State of California,
being all of Parcel I-A(2)and Parcel I-CI(2)es shown on that certain Lot Lane Adjustment recorded
April 02,2008 as Document Number 19798059,together with Parcel One as descn1W in that omtain
Deed recorded October 22,2014 as Document Number 22746588,all within the Official Ruards of
Santa Clara County,more particularly described as follows-
B NING at the northwest corner of said Parcel 1-C 1(2),said greet also being the southwesterly
comer of Parcel One as shown on that certain Parcel Map filed for record on January 09,2013 in Book
858 of Maps at Page 41,Santa Clara County Records;
T aim,along-the southerly line of said Faroel One(858 Maps 41)the following four(4)courses;
(1) North 8&°50'5T'East 303.11 feet;
(2) South 01°09'03"East 53.51 feet;
(3) South 82°53'14"East 76.01 feed to-the beginning of a tangent curve;
(4) Along said curve to the left,having a radius of 1369.73 lect,through a central angle of
D5°21'12",for an arc distance of 127.88 feet to a point on the easterly line of said Marcel I-C 1(2);
Thence,along said easterly lines the following four(4)courm,as said courses am shown on 858 tut 41;
(1) South 41°20'50"West 29.75 feet;(formerly North 01°22'tl2"East 29.66 feet per said Ut Line
Adjustment)to d)e beginning of a-tangelat curve;
Q) Along said curve to the Right,having a radius of 100.00 feet,through a ceauw angle of
19*22'11",for an are distance of 32.06 feet to a point of reverse curvature;
(3) Along a curve to the left,having a radius of 100.00 feet,through a central angle of 2V48`15';for
an arc distance of 36.31 feet to a point of tangency;
(4) South 01105't4"East 1019.74 feet(formerly 1019A9 feet peersaid Lot LineAdjustment)to a
point on the northerly line of said Parcel One(Doc.No.227465$8 OR.);
Thence,along said Parcel One(Doc.No.22746588 O.R.)the following four(4)courses;
(1) North 88°5446"East 40.00 feet to the westerly line of Wolfe Road,119 feet wide;
(2) Along said westerly line South 01-00514"East 819.01 feet(formerly 819.02 feet per 22746588)
to the begimting of a taugent curve;
(3) Along said curet to the right having a radius of 60.00 feet,through a central angle of90°41'14",
far an axe distance of 94.97 ftet(formerly 94.96 feet per 227465S8)to a point of tangency can the
northerly lieu:of Steven's Creels Boulevard,being 45 feet northerly of the monument line thereof;
(4) Along said northerly fine South Sn6'00"'West,792.04 feet(formerly 792.24 feet per 22746588)
to the easterly line of Parcel I as shown on that certain Parcel Map filed for record on May 26,
1988 its Book 586 of Maps at Pages 43 and 44,Santa Clara county Records;
Thence,along the:westerly lines of said Parcel One(Doc.No.22746588 O.11.),said Parcel I-C1(2)and
said Parcel l-A(2),North 00°43'00"West; 1263.89 fact to a point on the southerly line of Amherst Drive,
being 27.27 feet southerly of the monument line thereof,as shown on that certain map en od"'hence No.
2086",filed for record September 30, 1959 in Book 112 of Mans,Pagca 40 and 41,Santa Clara County
Records;
Thence,oantinuiag along said Parcel l-A(2)and the southerly line of said Amherst Drive North
89.12140"East,299.09 feet(formerly North 89°1379"Bast,299.01 feet per said Lot Line Adjustment);
Thence,along the westerly lines of said Parcel I A(2)and said Parcel I-C1(2)and the easterly line of said
Tract No.2086 North 00110"0"West,799.89 feet(formerly North 00°04'30"East,$00.03 fret per said
Lot Linz Adjustment);to the POINT OF BEGfrII+ING.
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 �� �'� )
On 6 41 6;, before me, 11�f4 r •z Y t
(insert name and title of the officer)
personally appeared f--'�%F<-
who proved to me on the basis of satisfactory'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.
o
WITNESS my hand and official seal. E.,o,s KATIE
Notary Public California Z
` to Santa Clara County
Commission aY 2266120
My Comm.Expires Dec 5,2022
Signature � �� (Seal)
17571.001 4846-2654-7391.1 4
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
Ong? Zo7.� before me Lauren Sapudar ,Notary Public,
(Here insert name and title of the officer)
personally appeared Rl'ci Cr Lem ,
who proved to me on the basis of satisfactory evidence to be thoqi�7'n(s) whose ai r�(s)&1are subscribed to
the within instrument and acknowledged to me that e/ he/they executed the same in /her/their authorized
<A�a(ies), and that by J s/her/their s�e(s) on the instrument the fiirs (s), or the entity upon behalf of
which the jjer 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.
�.L `ry LAUREN SAP�UOAR�
WITNESS my hand and official seal Notary Public•California
` ' Santa Clara County _
Commission q 2247155
My Comm.Expires Jun 22,2022
gna re of Notary Public (Notary Seal)
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City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the provisions of
Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant
dated 7 Joy\e G ,2o2-U 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: -7
By:
Roger Le
Public Works Director