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21-018 Valley Water, Regnart Creek Trail Joint Use AgreementA Valley Water Clean Water • Healthy Environment • Flood Protection February 3, 2021 File: 2017-37.1 & 2017-40 Re: Regnart Creek David Stillman City of Cupertino 10300 Torre Avenue Cupertino CA 95014 Subject: Regnart Creek Trail Executed JOINT USE AGREEMENT Dear David: Please find enclosed one fully executed original of that certain JOINT USE AGREMENT dated January 29, 2021, for city records. If you have any questions regarding this acquisition, please contact me at 408-630-2267 or email at bmagleby(cDvalleywater.org. Thank you for your efforts to complete this transaction for the benefit of the public served by the City of Cupertino and Valley Water. Sincerely, elebyMa Senior Real Estate Agent Real Estate Services Unit Enclosure cc: files ec: Y. Arroyo Santa Clara Valley Water District 1 5750 Almaden Expressway, San Jose, CA 95118-3686 1 (408) 265-2600 1 www.valleywater.org Z1 JOINT USE AGREEMENT Regnart Creek Trail Between Pacifica Drive and Calabazas Creek This JOINT USE AGREEMENT (this "Agreement") is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a California Special District created by the California Legislature, hereinafter referred to as "Valley Water", and the CITY OF CUPERTINO, a municipal corporation, hereinafter referred to as "City". Valley Water and City may be referred to individually as "Party" or collectively as the "Parties" or the "Parties to this Agreement". This Agreement will become effective on the later of the last -signed signature date set forth below or the recording of a lot -line adjustment under Recital F (the "Effective Date"), , 2@ge- RECITALS: A. Valley Water is the owner of certain real property (hereinafter "Premises") containing Regnart Creek, shown on Exhibit A, attached hereto. B. City desires to construct improvements on the Premises to extend the existing Regnart Creek Trail ("Trail") from East Estates Drive to Pacifica Drive. C. Portions of the Premises are currently covered under two existing joint use agreements between City and Valley Water (the "Existing JUAs"): (1) along De Palma Lane originally executed on January 20, 2004, as amended on February 6, 2008, and (2) between East Estates Drive and Calabazas Creek executed on March 3, 1998. D. This Agreement supersedes and replaces the Existing JUAs. E. City's and the public's use of the Premises for the Trail, as extended, will not unreasonably interfere with Valley Water's mission of flood protection, water resource management, and stream stewardship. F. This Agreement will not become effective unless and until the Parties approve the lot -line adjustment described in Exhibit C attached hereto. G. The Parties find it to be in the public interest to provide for joint use of the Premises by means of this Agreement under the following terms and conditions. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference. 2) Supersedes Existing JUAs. City and Valley Water waive the 90-day notice of termination requirement in Provision 11 of the Existing JUAs. City and Valley Water agree that this Agreement supersedes and replaces the Existing JUAs as of the Effective Date of this Agreement. 3) Scope of the License Grant to City. Subject to the terms and conditions of this Agreement, Valley Water hereby grants to City a non-exclusive license to access and do any or all the following on the Page 1 of 17 Premises: a. To construct, operate, maintain, repair, replace, and remove improvements and other trail amenities for public recreational purposes on the Premises including, but not limited to, pedestrian and bicycle trails, trailheads, a pedestrian bridge, fencing, fixtures (trash receptacles, benches, etc.) and signage (collectively, "City Improvements"). Any and all work related to construction, operations, and maintenance of the Trail will be completed in accordance with applicable federal, state, and local environmental regulations, including but not limited to the federal and state Migratory Bird Treaty Acts, Clean Water Act, federal and state Endangered Species Act, the California Fish and Wildlife Code, and the Porter -Cologne Act and any amendments thereto. All City Improvements shall comply with all building and fire codes and other applicable legal requirements. If Valley Water approves the City Improvements, Valley Water shall issue a permit to City for the improvements ("Valley Water Permit"), which approval shall be in Valley Water's sole discretion; provided that Valley Water's approval shall not be unreasonably delayed, conditioned, or withheld. b. To provide for public access such as bicycling, walking, jogging, hiking, and similar trail uses in accordance with all applicable legal requirements to the extent such activities do not interfere with Valley Water's mission of flood protection, water resource management, and stream stewardship. c. To host special public recreational events (e.g., races, bike -to -work events, etc.) that may include an otherwise restricted component such as allowing private vehicular access for safety purposes, so long as Valley Water issues City a Valley Water Permit to host the event. d. Subject to the conditions and restrictions contained in this Agreement, City shall have full authority to restrict, control, regulate, and/or supervise public use of the Trail for recreation. City may, at its discretion, consistent with Valley Water's Superior Rights and City's Subordinate Rights described in Section 10, and without diminution of Valley Water's ability to provide flood protection, stream stewardship, water resources management, including the operation and maintenance thereof, or hazardous materials cleanup on the Premises, take any measures of every kind that, in the opinion of City, may be necessary for the health and safety of the public using the Premises. City is responsible for any damage to either Valley Water improvements or City Improvements that result from City's or the public's use of the Premises. City will be responsible for all costs for repair of damage to Valley Water or City's improvements caused by City or the public. 4) Prohibited Uses of Trail. City shall post notices at all Trail entrances notifying users that the following are prohibited: • Entry of motorvehicles (except for maintenance repairs, emergency, and enforcement vehicles and mobility devices otherwise allowed by law) • Unleashed dogs • Public access during trail closures when maintenance equipment and vehicles and/or emergency vehicles are present Subject to the foregoing prohibitions and any other restrictions set forth in this Agreement, City shall have the sole authority and responsibility to adopt Trail rules and regulations consistent with federal, state, and local regulations to govern the public's use of the Premises that will not interfere Page 2 of 17 with Valley Water's mission of flood protection, water resource management, and stream stewardship, as determined by Valley Water. 5) Trash and Litter Removal. City will remove trash from the Premises that is likely to have been generated from public use of the Premises. City will be responsible for maintaining, servicing, and emptying trash receptacles and for rubbish removal as reasonably necessary. Separately, Valley Water will manage an Adopt -a -Creek program to provide opportunities for volunteer public trash removal through its Civic Engagement Unit. 6) Vegetation Management. If existing vegetation or trees interfere with the public's use of the Premises or the safety of the public, City is responsible for trimming or removal, as City deems necessary, in accordance with applicable federal and state laws and Valley Water Permit requirements. Valley Water shall provide vegetation management as needed for flood protection and fire code compliance consistent with its management of comparable flood protection facilities. 7) Graffiti Removal. City will have the primary responsibility for removal of graffiti on the Premises reasonably attributed to use of the Trail. City will provide graffiti removal in compliance with City's graffiti abatement program, including graffiti removal from City improvements consistent with its implementation of the same program at comparable City facilities. No permit from Valley Water, nor any advance notice, will be required for City to remove routine graffiti from any City or Valley Water facility within the length of the Premises included within this Agreement. Any and all materials used by City in the removal of graffiti within the limits of this Agreement shall be approved for use in the State of California and consist of environmentally safe products which will not harm the channel environment of the Premises in anyway. 8) Security. City personnel and/or volunteers supervised by City shall patrol the Premises to provide the same level of public safety afforded to similar areas of the City. Valley Water has no obligation whatsoever to provide or pay for such patrols. 9) Public Complaints. City is responsible for responding to all public complaints and inquiries regarding City Improvements, including the Trail, and to all oomplaints and inquiries regarding the public's use of thePremises. 10) Construction, Maintenance, and Repairs. a. Valley Water is responsible for performing construction, operations, maintenance, and repairs on the Premises for flood protection, stream stewardship, and water resource management in a manner consistent with its construction, maintenance, and repairs of comparable facilities or creeks. It is expressly understood that Valley Water is engaged in flood protection, the protection of water resources, and stream stewardship, and that the terms and conditions of this Agreement will not in any way interfere with the absolute, free, and unrestricted right of Valley Water to operate and maintain for flood protection, water resource management, and stream stewardship purposes, the stream bed and banks, or any appurtenant works thereto, or to repair or construct any of its works, or to allow the raising or lowering of the height of the water present upon the Premises ("Superior Rights"). City will have the right to build additional improvements on the Page 3 of 17 Premises necessary or convenient to the enjoyment of this Agreement, provided that any such improvement is, in each case during the term of this Agreement, first approved by Valley Water by issuance of a Valley Water Permit in its sole, unfettered discretion ("Subordinate Rights"). City acknowledges Valley Water's Superior Rights and that City's rights are subordinate thereto. i) If removal or relocation of City's fencing is necessary to allow Valley Water to conduct construction, operations, maintenance, or repairs on the Premises, City shall remove or relocate its fencing at its own expense within 5 working days after receiving written notice from Valley Water. ii) If removal or relocation of a City pedestrian bridge is necessary to allow Valley Water to conduct construction, operations, maintenance, or repairs on the Premises, City shall remove or relocate its bridge at its own expense within 60 calendar days after receiving written notice from Valley Water. Valley Water, however, shall attempt to provide more than 60 calendar days' notice to City if reasonably feasible. iii) If Valley Water requires that any other City Improvement be removed or relocated for any Valley Water purpose, City will do so at its own expense within 90 days after receiving written notice from Valley Water. iv) If removal or relocation of City Improvements, including vegetation installed by City, requires mitigation under the California Environmental Quality Act or as a regulatory permit requirement, City will be responsible for all costs required to fulfill any required mitigation responsibilities, including providing lands to place mitigation and providing mitigation monitoring and reporting. v) If Valley Water engages in any construction on the Premises, Valley Water will inform City during preconstruction planning to minimize any adverse impact of Valley Water's project on City Improvements. vi) Valley Water agrees to exercise reasonable care during construction, operations, maintenance, and repair activities to minimize damage to City Improvements. As of the effective date of this Agreement, the Parties understand that Regnart Creek is in a condition that will require rehabilitation or other improvement to maintain or increase its flood protection values and to provide or maintain stream stewardship values. Valley Water is not responsible for any damage to or replacement of City Improvements that results from Valley Water's construction, operation, maintenance, or repair of flood protection or stream stewardship facilities located on or near the Premises, including, without limitation, any flood flows or inundation from Regnart Creek on the Premises, unless the damage to City Improvements is caused by Valley Water's sole negligence or willful conduct. vii) Any replacement of City's Trail and amenities following Valley Water's construction, maintenance, or repairs on the Premises will be City's responsibility and cost and shall require a Valley Water Permit under Section 3(a). City is solely responsible for informing the public on the operational status of the Trail, including any plans to close the Trail temporarily or permanently. viii) In non -emergencies, City and Valley Water staff will meet, whenever necessary, for the purpose of scheduling routine maintenance, including, but not limited to: (a) Maintenance issues related to improvements; (b) Non -emergency work requiring the use of heavy equipment, barricading, Page 4 of 17 pedestrian detour plans, and/or restricting access to the Premises. Valley Water and City further agree to notify one another's designated representative at least ten workdays prior to commencement of such work to minimize public impacts. ix) In an emergency on or affecting the Premises, Valley Water may require removal or relocation of any City Improvement without notice to City. b. City has sole responsibility for: i) the construction, operation, maintenance, and repair of all City Improvements; ii) maintenance and operation of all City Improvements in usable and safe condition; and iii) the duty, cost, and expense of providing any security; police; preparation of traffic and pedestrian detour plans depicted on attached Exhibit B, including installation of required appurtenances; public notices/communications for Trail closures or detours; trail amenities (including fencing); modifications or replacements; or other expenditure necessary to temporarily prohibit or control public access to the Premises that Valley Water would not ordinarily incur to complete scheduled routine maintenance pursuant to this provision. 11) Water Level Fluctuations. The level of water on the Premises may fluctuate from day today due to controlled or uncontrolled flows upon and across the Premises. City shall be responsible for the control of or limiting the public's use of the Premises to protect the health and safety of the public from fluctuation in water levels or flooding of the Premises. 12)Signage. The Parties will cooperate to create and install signage that benefits the programs of each Party such as trail closure detour signage, maintenance vehicle warnings, entrance signage, interpretive signs and benches, andjoint uses when applicable. The Deputy Operating Officer of Valley Water and the Public Works Director of City or their respective designees will meet and confer on a periodic basis to plan the installation of appropriate signage that serves the needs of both parties. All signs placed on the Premises by City (except existing signs that identify the facility (e.g., Trail) by name must include Valley Water's logo in equal size and symmetrical relationship to any other logos contained on such signs. In addition, all City signs placed on the Premises or City publications relating to the Trail that describe water resources must be developed in conjunction with Valley Water. Each Party is responsible for the maintenance and upkeep of its signage installed on the Premises. 13) Bird Nesting Season. To the extent feasible, the Parties shall avoid construction or maintenance activities on the Premises during bird nesting season (generally between January 15th and August 31 st). If construction or maintenance work must be done during the nesting season, a pre -construction survey by a qualified biologist must be undertaken to determine the presence of nesting. If nesting activity is reported, the biologist is expected to recommend that the City implement adequate mitigation measures to protect the nesting area. Environmental impacts will be considered prior to all work by the responsible Party (City or Valley Water, and/or their agents) performing said work. 14)Term of Agreement. The term of this Agreement (including the rights and obligations contained herein), shall commence on the Effective Date and shall expire on the 25th anniversary of the Effective Date, unless either Party requests a renewal of and/or amendment to the agreement no Page 5 of 17 less than 180 days prior to the expiration of the then -existing term. If either Party requests a renewal and/or amendment to the agreement, and a renewal and/or amendment has not been implemented prior to the expiration of this Agreement, then City shall either close and prevent public access to the Premises until a new agreement is executed or, subject to written approval by Valley Water's Chief Executive Officer and upon written request by City, this Agreement may be extended for no more than 1 year to maintain public access to the Premises while ongoing efforts are made to execute a new Agreement. 15)Termination of Agreement. Either Party may terminate this Agreement after providing the other Party with at least 90 days prior written notice of its intent to terminate this Agreement. Upon the termination or expiration of this Agreement, City must remove all City Improvements from the Premises and leave the Premises in a condition as near as reasonably practical to its condition prior to the installation and/or development of such improvements. Notice of intent to terminate may be given by City's Director of Public Works. Notice of intent to terminate may be given by Valley Water's Chief Executive Officer. 16)Indemnification by City. Notwithstanding any other provision of this Agreement, City agrees to indemnify, defend, and hold harmless Valley Water, its agents, officers, directors, and employees from and against any and all demands, claims, damages, losses, and reasonable expenses, including but not limited to liabilities, obligations, claims, costs, reasonable expenses (including without limitation interest, penalties and reasonable attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or nature, whether in law or equity (including without limitation, death or injury to any person, property damage, administrative and judicial orders and consents, or any other loss) to the extent they arise out of, pertain to, or relate to the: (i) public's use of the Premises, (ii) public's use of real property adjacent to the Premises, or (iii) negligence or willful misconduct of City's officers, agents, employees, or independent contractors, except to the extent caused by Valley Water's active or gross negligence or willful misconduct. This Agreement to defend, indemnify, and hold harmless Valley Water will operate irrespective of the basis of the claim, liability, loss, damage, or injury and irrespective of whether the act, omission, or activity is a condition of Premises or any other cause of any kind or nature. 17) Indemnification by Valley Water. Notwithstanding any other provision of this Agreement, Valley Water agrees to indemnify, defend, and hold harmless City, its agents, officers, directors, and employees from and against any and all demands, claims, damages, losses, and reasonable expenses, including but not limited to liabilities, obligations, claims, costs, reasonable expenses (including without limitation interest, penalties and reasonable attorney's fees), fines, levies, assessments, demands, damages or judgments of any kind or nature, whether in law or equity (including without limitation, death or injury to any person, property damage, administrative and judicial orders and consents, or any other loss) to the extent they arise out of and are caused by Valley Water's active or gross negligence or willful misconduct. This Agreement to defend, indemnify, and hold harmless City will operate only to the extent that the basis of the claim, liability, loss, damage, or injury is a result of Valley Water's active or gross negligence or willful misconduct and not a result of or caused by any physical condition of Premises. 18) Notices. Any and all notices required to be given hereunder will be deemed to have been delivered Page 6 of 17 upon deposit in the United States mail, postage prepaid, addressed to either of the parties at the address hereinafter specified or as later amended by either Party in writing: City: City of Cupertino Attention: Public Works Director 10300 Torre Avenue Cupertino, CA 95014-3266 Valley Water: Santa Clara Valley Water District Attention: Clerk of the Board 5750 Almaden Expressway San Jose, CA 95118 w/copy to Community Projects Review Unit 19) Successors and Assigns. This Agreement, and all terms, covenants, and conditions hereof, will apply to and bind the successors and assigns of the respective parties hereto. City will neither assign nor sublet this Agreement without the prior written consent of Valley Water. 20) Choice of Law. This Agreement is governed by California law. 21)Amendments. This Agreement may not be modified or amended except in writing signed by the authorized representative of both parties and approved as required by applicable law. 22) Compliance with Laws. Each Party shall, in all activities undertaken pursuant to this Agreement, comply and cause its contractors, agents, and employees to comply with all applicable federal, state, and local laws, statutes, orders, ordinances, rules, and regulations. 23) Not Real Property Interest. It is expressly understood that this Agreement does not in any way whatsoever grant or convey any permanent easement, fee, or other interest in a Party's real property to the other Party. 24)Attorney's Fees. In the event of a dispute between the Parties with respect to the terms or conditions of this Agreement, the prevailing Party is entitled to collect from the other its reasonable attorney's fees as established by the judge or arbitrator presiding over such dispute. 25) Entire Agreement and Incorporation of Exhibits. This Agreement, together with all exhibits referenced herein and attached hereto, constitutes the entire agreement between the Parties and supersedes all prior written and oral understandings. signatures next page Page 7 of 17 IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year last written below. "City" CITY OF CUPERTINO A municipal corporation oGb -� L. 7mg Oct 12, 2020 By: Date: Deborah Feng City Manager ATTEST: Kirsten Squarcia City Clerk APPROVED AS TO FORM AND LEGALITY Heather Minner City Attorney "Valley Water" SANTA CLARA VALLEY WATER DISTRICT, a Special District, created by the California Legislature By: Date: 0C. nder,Esq Chief Executive Officer ATTEST: Mich le L. King Clerk of the Board of Directors APPROVED AS TO FORM AND LEGALITY: Joseph D. Aranda Assistant District Counsel Page 8 of 17 SANTA CLARA COUNTY BIXBY DR w Q J F-- a WINTERGREEN DR z J w o VALLEY WATER PREMISES HALL CT y (Include after Lot Line `V a Adjustment - See Exhibit C) U) IVALLEY WATER PREMISES .: APN 369-04-005 J U m 2E AREA GRANTED TO CITY (Exclude from Premises after Lot Line Adjustment - See Exhibit C w Q w } U) w ❑ J z Q J z g - Creek Valley Water Premises ® To Be Granted to City Land Parcels WEST VALLEY WATERSHED Valley Water O� DO �O U Q 0 z� 0 0 C-) VALLEY WATER PREMISES APN 369-10-016 Rayry�ry%t. Creak. VICKSBURG D _. R LA MAR DR 4� EY WATER PREMISES 1 APN 369-25-045 m PJ� PJ� J\sp� pP PP0 PJ� JOINT USE AGREEMENT REGNART CREEK TRAIL IN THE CITY OF CUPERTINO EXHIBIT A REGNART CREEK SHEETS 1 OF 2 _ APNs 69-10-016, 369-0 369-25-045 DRAWN MEC DATE 11 20 19 Page 9 of 17 SANTA CLARA COUNTY -- Creek Ld Q Valley Water Premises PACIFICA DR Land Parcels WEST VALLEY WATERSHED JOINT USE AGREEMENT REGNART CREEK REGNART CREEK TRAIL SHEETS 2 OF 2 APNs 369-32-036 IN THE CITY OF CUPERTINO 369-31-026 Volley Water EXHIBIT A DRAWN MEC DATE 11 20 19 Flage 10 of 17 ------,,,JUA EXHIBIT C Page 1 of 5 I 4_,S:3 Ri h',220838 G(/�. �� _ R=42.00' L=17.77' c-60o�a 4-3S' "A1/ENVE — --- A=24*1 *50 4 .0 ' 6 751 E I R=3J0.00' L=220.23' N$ . 0 � I i W °0 a0 J W W t N (� o Y z Q a - I I �I iW 0 Ni ?"Z. It ,q � n 3 m I ) ' 0 V / - z — N� 0 - \SEE/ DETAIL A S33-23'37"E(R)_ 7— 28.53' 29.00, J 158 66' PARCEL A �S7s'48'g3hE LOT 19 �- TRACT 8332 DETAIL A 629-M-35 N TS R=20.00' L=18.22' d =52'12'09" PROPOSED LOT LINE 5 57 50' Q�1 ��� 2iS• TA 2 132, N7g 4R LAND 3 y \. G I O,q G'pL c�, tr * NO. 8720 12' TPOB TA 2 S10'11'07"W 15.00' S89'21'36"E 89.89' 0 40 80 1 IN. = 80 FT. LINE TABLE LINE BEARING LENGTH L1 N10'09'34"E 53.61' L2 N79'48'53"W 50.68' L3 I NO'48'22"E 47.28' L4 SO'48'22"W 15.20' EXISTING LOT LINE CURVE TABLE CURVE RADIUS DELTA LENGTH Cl 20.00' 102'38'05" 35.83' N7g 48 5'3 W 7 PARCEL Q Tq c 3�8 78 316.30 L890_OR-542 ' REGNART LOT (SQ. FT.) PARCEL A PARCEL B EXISTING 226,373 7,160 PROPOSED 226,373 7,160 LEGEND (R) POB POC TPOB TA EXISTING LOT LINE TO BE REMOVED NOO'48'09"E 15.20'� L2 3 rn 0 ao 0 0 W POB TA 1 POC TA 2 RADIAL BEARING POINT OF BEGINNING POINT OF COMMENCEMENT TRUE POINT OF BEGINNING TRANSFER AREA SHEET 1 OF 1 o ed: TG EXHIBIT "A" DrawRF .. .. PLAT TO ACCOMPANY DESCRIPTION: Checked: TG LOT LINE ADJUSTMENT Pro' JC 1570 Oakland Road (408) 487-2200 528310PL03 San Jose, CA 95131 HMHca.com p.,.QLIP,,FWnN0 CALIFORNIA JUA EXHIBIT C Page 2 of 5 r.Ohl. June 15, 2020 z. HMH 5283.10.720 Page 1 of 1 EXHIBIT "B" BEFORE LOT LINE ADJUSTMENT EXISTING PARCEL A REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of Maps, page 35, Santa Clara County Records; Containing 226,373 square feet, more or less. EXISTING PARCEL B REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records; Containing 7,160 square feet, more or less. As shown on Exhibit "A" attached hereto and made a part hereof. END OF DESCRIPTION This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act. Date: - (S ' ?fu 7� JAND SCi,Q Tracy Gior i, LS 8720 �� Gyp etpRc� J No.8720 'f X Page 14 of 17 JUA EXHIBIT C Page 3 of 5 EXHIBIT °C" AFTER LOT LINE ADJUSTMENT PARCEL A June 15, 2020 HMH 5283.10.720 Page 1 of 3 REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of Maps, page 35, Santa Clara County Records; and, in addition thereto, the following area: transfer area 1: REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a portion of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records, described as follows: BEGINNING at the southeasterly corner of said parcel of land; Thence along the easterly and northerly lines of said parcel of land the following two courses: 1. Thence North 00048'09" East, 15.20 feet; 2. Thence North 79048'53" West, 316.30 feet; Thence South 10011'07" West, 15.00 feet, to the southerly line of said parcel of land; Thence along said southerly line, South 79048'53" East, 318.78 feet, to the POINT OF BEGINNING. excepting therefrom, the following area: transfer area 2: REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a portion of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of Maps, page 35, Santa Clara County Records, described as follows: COMMENCING at the southeasterly corner of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records, also being an angle point in the general southerly line of said Lot 19; Thence along said general southerly line the following two courses: 1. Thence North 00°48'09" East, 15.20 feet; 2. Thence North 79048'53" West, 316.30 feet, to the TRUE POINT OF BEGINNING; Thence continuing along said general southerly line of Lot 19, North 79048'53" West, 132.12 feet, to the easterly line of Parcel B as described in the Easement Deed recorded January 17, 1992, in Book M011 of Official Records, page 1147, Santa Clara County Records; Thence along said easterly line, North 10°09'34" East, 53.61 feet; Thence South 79048'53" East, 57.50 feet; 52831OLD02 - LLA.docx 1570 Oakland Road I San Jose, California 95131 1 (408) 487-2200 1 (408) 487-2222 Fax I www.HMHca.com Page 15 of 17 JUA EXHIBIT C Page 4 of 5 June 15, 2020 HMH 5283.10.720 Page 2 of 3 Thence southeasterly, along a non -tangent curve to the left, having a radius of 205.00 feet, whose center bears North 58049'38" East, through a central angle of 25054'19" for an arc length of 92.69 feet, to the TRUE POINT OF BEGINNING. Containing 226,373 square feet, more or less. PARCEL B REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being all of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records; and, in addition thereto, the following area: transfer area 2: REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a portion of Lot 19 as shown on that Map of Tract 8332 filed for record on August 8, 1991, in Book 629 of Maps, page 35, Santa Clara County Records, described as follows: COMMENCING at the southeasterly corner of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records, also being an angle point in the general southerly line of said Lot 19; Thence along said general southerly line of Lot 19 the following two courses: 1. Thence North 00048'09" East, 15.20 feet; 2. Thence North 79048'53" West, 316.30 feet, to the TRUE POINT OF BEGINNING; Thence continuing along said general southerly line of Lot 19, North 79048'53" West, 132.12 feet, to the easterly line of Parcel B as described in the Easement Deed recorded January 17, 1992, in Book M011 of Official Records, page 1147, Santa Clara County Records; Thence along said easterly line, North 10'09'34" East, 53.61 feet; Thence South 79048'53" East, 57.50 feet; Thence southeasterly, along a non -tangent curve to the left, having a radius of 205.00 feet, whose center bears North 58049'38" East, through a central angle of 25054'19" for an arc length of 92.69 feet, to the TRUE POINT OF BEGINNING. excepting therefrom, the following area: transfer area 1: REAL PROPERTY in the City of Cupertino, County of Santa Clara, State of California, being a portion of that parcel of land described in the Quitclaim Deed recorded October 11, 1991, in Book L890 of Official Records, page 542, Santa Clara County Records, described as follows: BEGINNING at the southeasterly corner of said parcel of land; Thence along the easterly and northerly lines of said parcel of land the following two courses: Page 16 of 17 �` JUA EXHIBIT C Page 5 of 5 June 15, 2020 HMH 5283.10.720 Page 3 of 3 1. Thence North 00048'09" East, 15.20 feet; 2. Thence North 79048'53" West, 316.30 feet; Thence South 10°11'07" West, 15.00 feet, to the southerly line of said parcel of land; Thence along said southerly line, South` 79048'53" East, 318.78 feet, to the POINT OF BEGINNING. Containing 7,160 square feet, more or less. As shown on Exhibit "A" attached hereto and made a part hereof. END OF DESCRIPTION This legal description was prepared by me or under my direction in accordance with the Professional Land Surveyors Act. Date: b - / S Tracy a iorg S 8720 O AND S GIOr? L�,c O J No.8720 Page 17 of 17 Regnart Creek Final Final Audit Report Draft JUA 09-04-20 Created: 2020-10-08 By: Julia Kinst Quliak@cupertino.org) Status: Signed Transaction ID: CBJCHBCAABAAs2y4EIAdofQeTluQdOkohyWgtNR11cEB 2020-10-12 "Regnart Creek Final Draft JUA 09-04-20" History Document created by Julia Kinst (juliak@cupertino.org) 2020-10-08 - 11:05:39 PM GMT- IP address: 64.178.242.15 - Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2020-10-08 - 11:06:46 PM GMT ;r, Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2020-10-08 - 11:17:06 PM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to Heather M. Minner (minner@smwlaw.com) for signature 2020-10-08 - 11:17:09 PM GMT Email viewed by Heather M. Minner (minner@smwlaw.com) 2020-10-09 - 6:09:10 PM GMT- IP address: 45.41.142.19 Document e-signed by Heather M. Minner (minner@smwlaw.com) Signature Date: 2020-10-09 - 6:09:46 PM GMT - Time Source: server- IP address: 52.39.49.65 Document emailed to Deborah L. Feng (debf@cupertino.org) for signature 2020-10-09 - 6:09:49 PM GMT Email viewed by Deborah L. Feng (debf@cupertino.org) 2020-10-12 - 3:37:49 PM GMT- IP address: 104.47.74.126 Document e-signed by Deborah L. Feng (debf@cupertino.org) Signature Date: 2020-10-12 - 3:38:20 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2020-10-12 - 3:38:23 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2020-10-12 - 4:53:23 PM GMT- IP address: 104.47.73.126 Fal I Adobe Sign CVPERTINO y Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2020-10-12 - 4:53:47 PM GMT - Time Source: server- IP address: 148.64.105.190 Agreement completed. 2020-10-12 - 4:53:47 PM GMT Adobe Sign COPE RTINO