HomeMy WebLinkAbout25-219 Stormwater Management Facilities Operation, Maintenance and Easement Agreement, 22445 Cupertino RdRECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
25921083
Louis Chiaramonte
Santa Clara County - Clerk -Recorder
12/18/2025 03:29 PM
Titles: 1 Pages: 22
Fees: $0.00
Taxes: SO
Total: 0.00
1111 L :'' 11111
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
STORM WATER MANAGEMENT FACILITIES OPERATION, AND
MAINTENANCE & EASEMENT AGREEMENT
22445 Cupertino Rd. Cupertino, CA 95014
APN: 326-15-130 & 326-15-133
O Original
O Conformed Copy
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Cupertino
City Clerk's Office
10300 Torre Avenue
Cupertino, CA 95014-3202
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §6103
Space above this line for Recorder's use.
STORMWATER MANAGEMENT FACILITIES
OPERATION, MAINTENANCE AND EASEMENT AGREEMENT
22445 Cupertino Rd
APN: 326-15-130 & 326-15-133
This STORMWATER MANAGEMENT FACILITIES OPERATION, MAINTENANCE
AND EASEMENT AGREEMENT ("Agreement") is made and entered into this /5 day of
2026 , by Front Porch Communities and Services, a California nonprofit
Corpo)ation ("Covenantor") and the City of Cupertino, a municipal corporation ("City").
Covenantor and City are referred to collectively herein as the "Parties" and each individually as
a "Party."
RECITALS:
This Agreement is made and entered into with reference to the following facts:
A. The City is authorized and required to regulate and control the disposition of storm and
surface waters as set forth in the City's Stormwater Pollution Prevention and Watershed
Protection Ordinance, Ordinance No. 1571, effective October 15, 2003 (as currently in effect and
as it may hereafter be amended, the "Ordinance").
B. The Covenantor is the owner of a certain tract or parcel of land designated as
APN 326-15-130 & 326-15-133 and more particularly described in Exhibit A attached hereto
("Property").
C. The Covenantor desires to construct certain improvements on the Property that may alter
existing stormwater conditions on both the Property and adjacent lands.
D. To minimize adverse impacts due to these anticipated changes in existing storm and
surface water flow conditions, the Covenantor is required by the City to build and maintain, at
Covenantor's expense, stormwater management and trash capture facilities ("Facilities") as
more particularly described and shown in the Stormwater Management Plan prepared by Kier &
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Wright Civil Engineers & Land Surveyors, Inc. and dated May 2024 which plan, together with
any and all amendments, including future amendments, thereto (collectively, the "SWMP"), are
on file with the Public Works Department of the City of Cupertino, California, and are hereby
incorporated by reference.
E. The City has reviewed the SWMP, and subject to execution of this Agreement, has
approved the SWMP.
AGREEMENT:
NOW, THEREFORE, in consideration of the benefits received and to be received by the
Covenantor, its successors and assigns, as a result of the City's approval of the SWMP, the
Parties hereby agree as follows:
1. Covenants Running With the Land; Property Subject to Agreement. All of the Property
shall be subject to this Agreement. The Parties intend that this Agreement shall run with the
land, shall be binding on Covenantor, its successors and assigns, and all parties having or
acquiring any right, title or interest in the Property or any portion thereof, and their respective
successors and assigns, and shall inure to the benefit of the City and its successors and assigns
regardless of whether City has any ownership interest in the Property or any portion thereof or
any property adjacent thereto. Every limitation, easement, obligation, covenant, condition, and
restriction contained herein shall be deemed to be, and shall be construed as a covenant running
with the land, and in addition, shall be construed as an equitable servitude, enforceable by any
owner of any portion of the Property against any other owner, tenant or occupant of the Property
or any portion thereof. Subject to the provisions of Section 9 below, each reference in this
Agreement to Covenantor shall mean Covenantor and its successors in interest to the Property or
any portion thereof.
2. Responsibility for Installation, Operation and Maintenance. At its sole expense, the
Covenantor shall construct, operate and perpetually maintain the Facilities in strict accordance
with: (a) the Ordinance, (b) manufacturer's recommendations where applicable, (c) the SWMP
and any amendments thereto that have been approved by the City, and (d) all other applicable
federal, state and local laws, ordinances and regulations. Covenantor, on an annual basis, shall
prepare and deliver to the City Public Works Director, a Maintenance Inspection Report in the
form attached hereto as Exhibit C or such other form as may be required by City from time to
time. The annual Maintenance Inspection Report shall identify all completed inspection and
maintenance tasks for the reporting period and shall be submitted to the City in order to verify
that inspection and maintenance of the Facilities have been conducted as required by this
Agreement. The annual report shall be submitted no later than October 15 of each year, under
penalty of perjury, to the City Public Works Director or such other member of the City staff as
directed by the Public Works Director. Covenantor shall provide in the annual report a record of
the volume of all accumulated sediment removed as a result of the treatment measure(s).
Covenantor shall conduct a minimum of one annual inspection of the Facilities before the rainy
season; this inspection shall occur between August 1st and September 30 each year. More
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frequent inspections may be required to comply with the maintenance standards. The results of
inspections shall be recorded on the Maintenance Inspection Report.
3. Facility Modifications. At its sole expense, the Covenantor shall make such changes or
modifications to the Facilities as the City Engineer may reasonably determine to be necessary or
desirable to ensure that the Facilities continue to operate as originally designed and approved.
Any changes or modifications to the Facilities may be made only with prior written authorization
by the City Engineer or his or her designee.
4. Grant of Easement. Covenantor hereby grants to City a nonexclusive, access and
maintenance easement ("Easement") over the Facilities as depicted and described in Exhibit B
attached hereto and incorporated herein ("Stormwater Facilities Area") for the purpose of
permitting the City, and its employees, agents, contractors, consultants, to inspect, monitor,
maintain, repair and replace the Facilities. Covenantor grants to the City the nonexclusive right
of ingress and egress to the Stormwater Facilities Area, from the existing streets adjoining the
Property, over the existing drives, walkways and parking areas located on the Property, for
purposes connected with any right under this Agreement or the performance of any obligations
required by this Agreement.
5. Facility Inspections by the City. At reasonable times, after not less than forty-eight (48)
hours' prior written notice, except in the event of an immediate threat to public health and safety
in which case no prior notice shall be required, and in a reasonable manner as provided in the
Ordinance, the City, its agents, employees, contractors, and consultants shall have the right of
ingress and egress to the Stormwater Facilities Area for the purpose of inspecting the Facilities
to ensure that the Facilities are being properly maintained, are continuing to perform in an
adequate manner (as reasonably determined by the City Engineer or his or her designee), and are
in compliance with the Ordinance, the SWMP and any amendments thereto approved by the City
and all other applicable laws.
6. No Barriers. While this Agreement is in effect, Covenantor shall not erect, nor permit to
be erected, any building or structure of any kind within the Stormwater Facilities Area, nor shall
Covenantor fill or excavate within the Stormwater Facilities Area without City's prior written
consent which shall not be unreasonably withheld, but may be conditioned upon such
requirements as City Engineer determines are reasonably necessary or desirable to ensure proper
functioning of the Facilities.
7. Default and Remedies. If following delivery of written notice from City and the
expiration of a thirty (30) day cure period (except in the event of an immediate threat to public
health and safety in which case Covenantor shall commence and complete corrective action as
soon as possible following receipt of notice from the City), Covenantor fails to correct any defect
in the Facilities in accordance with the approved design standards, the SWMP, the Ordinance,
and all other applicable state, federal, and local laws, rules, and regulations, or Covenantor
otherwise fails to comply with the maintenance and repair obligations set forth in the SWMP and
this Agreement, the City shall have the right upon delivery of forty-eight (48) hours' prior
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written notice (except in the event of an immediate threat to public health and safety in which
case no notice shall be required) to enter the Stormwater Facilities Area for the purposes of
maintaining and repairing the Facilities at Covenantor's expense, and Covenantor shall be
obligated to reimburse City for the cost of all such work, including, without limitation, the cost
of City staff time, within thirty (30) days following City's delivery of an invoice therefor,
together with documentation of City's costs and expenses incurred in connection with the
performance of such work. If such costs are not paid within the prescribed time period, the City
may assess Covenantor the cost of the work, and said assessment shall be a lien against the
Property or may be placed on the property tax bill and collected as ordinary taxes by the City. In
addition to the foregoing, the City may pursue any other remedies provided under law or in
equity, including without limitation, ex parte applications for temporary restraining orders,
preliminary injunctions and permanent injunctions enjoining any such violation or attempted
violation or default, an order for specific performance, civil and criminal penalties, and the
remedies set forth in Sections 9.18.190, 9.18.230 and 9.18.250 of the Ordinance. All such
remedies shall be cumulative and not alternative.
8. Indemnity. To the fullest extent allowed by law, Covenantor shall indemnify and hold
harmless CITY, its City Council, boards and commissions, officers, officials, agents, employees,
servants, consultants and volunteers (hereinafter, "Indemnitees") from and against any liability,
loss, damage, expense, and cost (including reasonable legal fees and costs of litigation or
arbitration), resulting from injury to or death of any person, damage to property, or liability for
other claims, stop notices, demands, causes of actions and actions, arising out of or in any way
related to the ownership, operation, use of the area, maintenance, or failure to maintain, the
Facilities, or the Covenantor's performance or nonperformance of his/her duties under this
Agreement, or from negligent acts or omissions or willful misconduct of Covenantor, its agents,
employees, contractors, or subcontractors. Covenantor shall, at his/her own cost and expense,
defend any and all claims, actions, suits or legal proceedings that may be brought against the
City or any of the Indemnitees (with council acceptable to City) in connection with this
Agreement or arising out of Covenantor's performance or nonperformance of his/her duties and
obligations hereunder, except to the extent any of the foregoing is caused by the negligence or
willful misconduct of the CITY or the CITY'S agents, employees and independent contractors.
9. Obligations and Responsibilities of Covenantor. Initially, the Covenantor named above
shall be solely responsible for the performance of the obligations required under this Agreement
and for the payment of any and all fees, fines, and penalties associated with such performance or
failure to perform under this Agreement. Notwithstanding any provisions of this Agreement to
the contrary, upon the recordation of a deed or other instrument of sale, transfer or other
conveyance of fee simple title to the Property or any portion thereof (a "Transfer") to a third
party, the Covenantor shall be released of its obligations and responsibilities under this
Agreement accruing after the date of such Transfer to the extent such obligations and
responsibilities are applicable to that portion of the Property included in such Transfer.
10. Property Transfer. Nothing herein shall be construed to prohibit a transfer of the
Property or any part thereof by the Covenantor to subsequent owners and assigns.
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11. Termination and Release of Agreement. In the event that the City determines, in the
exercise of its sole discretion, at any future time that the Facilities are no longer required, then it
promptly shall so notify the Covenantor or its successors and/or assigns in writing, and at the
written request of the Covenantor, the City shall execute a termination and release of this
Agreement which the Covenantor shall cause to be recorded in the Official Records at
Covenantor's sole expense.
12. Miscellaneous.
12.1 Notices. Except as otherwise specified herein, all notices, demands, requests or
approvals to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at
their respective addresses specified below or to such other address as a Party may designate by
written notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by: (a) personal delivery, in which case notice is effective upon delivery; (b) certified or
registered mail, return receipt requested, in which case notice shall be deemed delivered upon
receipt if delivery is confirmed by a return receipt; (c) nationally recognized overnight courier,
with charges prepaid or charged to the sender's account, in which case notice is effective on
delivery if delivery is confirmed by the delivery service; or (d) postage prepaid registered or
certified mail, in which case notice shall be deemed delivered on the second business day after the
deposit thereof with the U.S. Postal Service.
City:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: Public Works Director
With copy to:
City of Cupertino
10300 Torre Ave
Cupertino CA 95014
Attention: City Attorney
Covenantor:
Front Porch Communities and Services
22445 Cupertino Road
Cupertino CA 95014
Attention: Charlis Younan
12.2 Attorneys' Fees. In the event that either Party institutes legal action or arbitration
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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.
12.3 Governing Law; Venue. This Agreement shall, in all respects, be governed,
construed, applied, and enforced in accordance with the laws of the State of California without
reference to its choice of laws provisions. Any dispute related to the interpretation or
enforcement of this Agreement shall be heard in courts having jurisdiction in Santa Clara
County, California.
12.4 Further Assurances. City and Covenantor shall each execute, acknowledge and
deliver to the other such other documents and instruments, and take such other actions, as either
shall reasonably request as may be necessary to fully effectuate the terms and provisions of this
Agreement.
12.5 Entire Agreement. This Agreement, together with the SWMP, constitutes the
entire agreement of the Parties with respect to the subject matter contained herein and supersedes
all prior written or oral agreements with respect thereto.
12.6 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 from the invalid or, unenforceable
provisions shall, nevertheless, continue in full force and effect.
12.7 No Waiver. Any waiver by City of any term or provision of this Agreement must
be in writing. No waiver shall be implied from any delay or failure by City to take action on
any breach or default hereunder or to pursue any remedy allowed under this Agreement or
applicable law. No failure or delay by City at any time to require strict performance by
Covenantor of any provision of this Agreement or to exercise any election contained herein or
any right, power or remedy hereunder shall be construed as a waiver of any other provision or
any succeeding breach of the same or any other provision hereof or a relinquishment for the
future of such election.
12.8 Recordation; Amendments. City, at Covenantor's expense, shall cause this
Agreement to be recorded in the Official Records of Santa Clara County, California ("Official
Records") promptly following execution hereof. This Agreement may be amended in whole or
in part only by mutual written agreement. Any such amendment shall be recorded in the Official
Records.
12.9 Relationship of Parties. Neither Covenantor nor any of its contractors, employees
or agents shall be deemed to be agents of City in connection with the performance of
Covenantor's obligations under this Agreement. Nothing in this Agreement is intended to or
shall establish the Parties as partners, co -venturers, or principal and agent with one another. City
neither undertakes nor assumes any responsibility or duty to Covenantor (except as expressly
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provided in this Agreement) or to any third party with respect to the Facilities.
12.10 Headings; Construction; Statutory References. The headings of the sections and
paragraphs of this Agreement are for convenience only and shall not be used to interpret this
Agreement. This Agreement is the product of negotiation between the Parties. The language of
this Agreement shall be construed as a whole according to its fair meaning and not strictly for or
against any Party. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Agreement. All references in this
Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the
State of California, or the City of Cupertino shall be deemed to include the same statute,
regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such
other provisions as may thereafter govern the same subject. The recitals above and exhibits
attached hereto are a substantive part of this Agreement and are hereby incorporated herein.
12.11 Permits and Licenses; Compliance with Law. Covenantor, at its expense, shall
comply with all applicable legal requirements, including all federal, state, and local laws and
regulations (including City ordinances, regulations and resolutions, and requirements of other
agencies with jurisdiction), whether or not said laws or regulations are expressly stated in this
Agreement, and obtain and maintain all necessary permits and licenses required in order to own,
operate and maintain the Facilities.
12.12 Liens. Covenantor shall pay, when due, all persons furnishing labor or materials in
connection with any work to be performed by or on behalf of Covenantor related to the Facilities,
and shall keep City's interests in the Stormwater Facilities Area free and clear of any related
mechanics' liens.
12.13 Joint and Several Liability. If Covenantor consists of more than one person or
entity, the obligations of such persons and entities shall be joint and several.
12.14 Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, and all of which taken together shall constitute one and
the same instrument.
SIGNA TURES ON FOLLOWING PAGE(S)
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
above written.
COVENANTOR:
Front Pore om 'ties and Services, a nonprofit corporation
By:
Name: V —y'--E
Title: �(iwt'1 ENR�3-Zlb�.
(Notary acknowledgment to be attached)
CITY:
CITY OF C
UP INO, a municipal corporation
By:
Name: C/19' WIoSCC y
Title: t'&l c- Llo (KS �/g({7,,
(Notary acknowledgment to be attached)
ATTEST:
Kirsten Squarcia, City erk
APPROVED AS TO FORM:
M ich.ael Woo
c��Xltor PSslrth City A+tor►ney
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'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 December 3, 2025 before me, Lauren Sapudar , Notary Public,
(Here insert name and title of the officer)
personally appeared Chad Mosley
who proved to me on the basis of satisfactory evidence to be th er is) whose a e(s) mare subscribed to
the within instrument and acknowledged to me tha&/she/they executed the same in/her/their authorized
�(ies), and that byd"u 7her/their n re(s) on the instrument the er (s), or the entity upon behalf of
which the er 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.
WITNE S my hand and official seal.
Si ture otary ublic
y .l �• T,y LAUREN SAPUDAR
W : ` Notary Public • California
` '' = Santa Clara County
° Commission #2409321
My Comm. Expires Jun 28, 2026
(Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
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Number of Pages Document Date
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El Individual (s)
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(Title)
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❑ Attorney -in -Fact
❑ Trustee(s)
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Exhibit A
PROPERTY
(Attach legal description of the Property.)
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March 11, 2024
Project No. A23078
Page 1 of 4
EXHIBIT "A"
LEGAL DESCRIPTION
FOR: SITE
Real property in the City of Cupertino, County of Santa Clara, State of California, described
as follows:
PARCEL ONE:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL "B" AS SHOWN ON THAT CERTAIN
PARCEL MAP FILED FOR RECORD IN BOOK 414 OF MAPS, PAGE 22, SANTA CLARA COUNTY
RECORDS; THENCE LEAVING SAID POINT OF BEGINNING ALONG THE BOUNDARY OF SAID
PARCEL "B" THE FOLLOWING COURSES AND DISTANCES:
NORTH 89° 53' 00" WEST 407.90 FEET;
NORTH 5° 02' 00" WEST 142.93 FEET;
NORTH 56° 43' 00" EAST 130.00 FEET;
NORTH 33° 17' 00" WEST 117.00 FEET;
SOUTH 56° 43' 00" WEST 67.13 FEET;
NORTH 5° 02' 00" WEST 288.46 FEET AND
NORTH 86° 10' 31" EAST 519.61 FEET TO THE NORTHEASTERLY CORNER OF SAID PARCEL
"B"; THENCE NORTH 86° 43' 40" EAST 39.95 FEET TO A POINT ON THE EASTERLY LINE OF
THAT CERTAIN 1.47 ACRE PARCEL OF LAND DESCRIBED IN THE DEED FROM JAMES
MARCHETTI, ET UX, TO HELMUT KREBS, ET UX, RECORDED NOVEMBER 03, 1953 IN BOOK
2750, OFFICIAL RECORDS, PAGE 610, SANTA CLARA COUNTY RECORDS; THENCE ALONG
SAID EASTERLY LINE SOUTH 4° 40' 00" EAST 462.16 FEET; THENCE LEAVING SAID EASTERLY
LINE ALONG A LINE PARALLEL WITH THE CENTERLINE OF CUPERTINO ROAD (FORMERLY SAN
JOSE-STEVENS CREEK ROAD) NORTH 89° 53' 00" WEST 72.93 FEET; THENCE ALONG A LINE
PARALLEL WITH SAID EASTERLY LINE OF THE 1.47 ACRE PARCEL SOUTH 4° 40' 00" EAST
139.93 FEET TO A POINT ON THE NORTHERLY LINE OF CUPERTINO ROAD (FORMERLY SAN
JOSE-STEVENS CREEK ROAD AS WIDENED); THENCE ALONG SAID NORTHERLY LINE NORTH
89° 53' 00" WEST 77.00 FEET TO THE POINT OF BEGINNING, AS SHOWN ON THAT CERTAIN
LOT LINE ADJUSTMENT RECORDED OCTOBER 17, 1995 AS INSTRUMENT NO. 13488091 OF
OFFICIAL RECORDS.
EXCEPTING THEREFROM THE UNDERGROUND WATER AND RIGHTS THERETO, WITHOUT
RIGHTS OF SURFACE ENTRY, CONVEYED TO THE CITY OF CUPERTINO, A MUNICIPAL
CORPORATION, BY THAT CERTAIN QUITCLAIM DEED AND AUTHORIZATION FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON FEBRUARY
25, 1999 AS INSTRUMENT NO. 14673915, OFFICIAL RECORDS.
PARCEL TWO:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND
DESCRIBED IN THE DEED FROM MITZI TAWA, A MARRIED WOMAN, WHO ACQUIRED TITLE
AS MITZI IZU, TO FRED E. RHODES, ET UX, DATED JUNE 26, 1969, RECORDED IN THE OFFICE
Z:\2023\A23078\DOCS\SURVEY\LEGAL DESCRIPTION\A23078-LD-SITE.doc
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March 11, 2024
Project No. A23078
Page 2 of 4
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 02,
1969 IN BOOK 8592 OF OFFICIAL RECORDS, PAGE 315, WITH THE EASTERLY LINE OF
FOOTHILL BOULEVARD, FORMERLY MOUNTAIN VIEW-STEVENS CREEK ROAD, (AS THE SAME
EXISTS PRIOR TO THE WIDENING ON SEPTEMBER 22, 1943); THENCE FROM SAID POINT OF
BEGINNING AND ALONG THE NORTHERLY LINE OF SAID LAND DEEDED TO FRED E. RHODES,
ET UX, SOUTH 89° 54' 45" EAST 155.07 FEET TO A POINT, DISTANT THEREON, NORTH 89° 54'
45" WEST 109.52 FEET FROM THE NORTHEASTERLY CORNER OF SAID LAND DEEDED TO
FRED E. RHODES, ET UX; THENCE LEAVING LAST SAID NORTHERLY LINE AND AT A RIGHT
ANGLE THERETO, SOUTH 0° 05' 15" WEST 105.00 FEET, MORE OR LESS, TO A POINT ON THE
SOUTHERLY LINE OF SAID LAND DEEDED TO FRED E. RHODES, ET UX, ON THE NORTHERLY
LINE OF CUPERTINO ROAD, FORMERLY SAN JOSE-STEVENS CREEK ROAD); THENCE ALONG
THE SOUTHERLY LINE OF SAID LAND DEEDED TO FRED E. RHODES, ET UX, ALSO BEING THE
NORTHERLY LINE OF SAID CUPERTINO ROAD, NORTH 89° 54' 45" WEST TO THE POINT OF
INTERSECTION THEREOF, WITH THE EASTERLY LINE OF SAID FOOTHILL BOULEVARD,
FORMERLY MOUNTAIN VIEW-STEVENS CREEK ROAD, ABOVE REFERRED TO, ALSO BEING THE
SOUTHWESTERLY CORNER OF SAID LAND DEEDED TO FRED E. RHODES, ET UX; THENCE
ALONG THE WESTERLY LINE OF SAID LAND DEEDED TO FRED E. RHODES, ET UX, ALSO BEING
THE EASTERLY LINE OF SAID FOOTHILL BOULEVARD, FORMERLY MOUNTAIN VIEW-STEVENS
CREEK ROAD, NORTH 4° 41' WEST 104.93 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL SHOWN ON THE
RECORD OF SURVEY RECORDED MARCH 16, 1955 IN BOOK 56 OF MAPS, PAGE 8 OF SANTA
CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING SOUTH 89° 54' 45"
EAST 15.06 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO AND DISTANT 55.00 FEET
AT RIGHT ANGLES FROM THE CENTERLINE OF FOOTHILL BOULEVARD (FORMERLY
MOUNTAIN VIEW-STEVENS CREEK ROAD) AS SHOWN ON SAID RECORD OF SURVEY MAP
SOUTH 4° 41' 00" EAST 76.50 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A
RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 85° 13' 45", FOR AN ARC LENGTH
OF 29.75 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO AND DISTANT 30.00 FEET AT
RIGHT ANGLES FROM THE CENTERLINE OF CUPERTINO ROAD (FORMERLY SAN JOSE-
STEVENS CREEK ROAD) AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH 89° 54' 45"
EAST 211.72 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 0.20 ACRE TRACT
OF LAND DESCRIBED IN THE DEED FROM FLORENCE M. ANTHONY TO GEORGE L. ANTHONY,
DATED JANUARY 04, 1912 AND RECORDED JANUARY 10, 1912 IN BOOK 378 OF DEEDS,
PAGE 158; THENCE ALONG SAID WESTERLY LINE SOUTH 5° 04' 45" EAST 10.04 FEET TO A
POINT IN THE NORTHERLY LINE OF CUPERTINO ROAD AS SHOWN ON SAID RECORD OF
SURVEY MAP; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 54' 45" WEST 245.25 FEET
TO A POINT IN THE EASTERLY LINE OF FOOTHILL BOULEVARD AS SHOWN ON SAID RECORD
OF SURVEY MAP; THENCE ALONG SAID EASTERLY LINE NORTH 4° 41' 00" WEST 104.93 FEET
TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM, THE UNDERGROUND WATER AND RIGHTS THERETO,
WITHOUT RIGHTS OF SURFACE ENTRY, CONVEYED TO THE CITY OF CUPERTINO, A
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Project No. A23078
Page 3 of 4
MUNICIPAL CORPORATION, BY THAT CERTAIN QUITCLAIM DEED AND AUTHORIZATION
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON
FEBRUARY 25, 1999 AS INSTRUMENT NO. 14673915, OFFICIAL RECORDS.
PARCEL THREE:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHERLY LINE OF THE SAN JOSE-
STEVENS CREEK ROAD, WITH THE EASTERLY LINE OF MOUNTAIN VIEW-STEVENS CREEK
ROAD, (AS THE SAME EXISTED PRIOR TO THE WIDENING ON SEPTEMBER 22, 1943);
RUNNING THENCE FROM SAID POINT OF BEGINNING NORTH 4° 41' WEST ALONG THE SAID
EASTERLY LINE OF THE MOUNTAIN VIEW-STEVENS CREEK ROAD, FOR A DISTANCE OF 104.93
FEET; THENCE LEAVING THE SAID EASTERLY LINE OF MOUNTAIN VIEW-STEVENS CREEK
ROAD AND RUNNING SOUTH 89° 54' 45" EAST AND PARALLEL WITH THE SAID NORTHERLY
LINE OF THE SAN JOSE-STEVENS CREEK ROAD FOR A DISTANCE OF 264.59 FEET TO A 3/4
INCH IRON PIPE SET ON THE WESTERLY LINE OF THAT CERTAIN 0.20 ACRE TRACT OF LAND
DESCRIBED IN THE DEED FROM FLORENCE M. ANTHONY TO GEORGE L. ANTHONY, DATED
JANUARY 04, 1912 AND RECORDED JANUARY 10, 1912 IN BOOK 378 OF DEEDS, PAGE 158;
RUNNING THENCE SOUTH 5° 04' 45" EAST ALONG SAID LAST NAMED LINE FOR A DISTANCE
OF 105.00 FEET TO A 3/4 INCH IRON PIPE SET AT THE SOUTHWESTERLY CORNER THEREOF
ON THE SAID NORTHERLY LINE OF THE SAN JOSE-STEVENS CREEK ROAD; RUNNING THENCE
NORTH 89° 54' 45" WEST ALONG THE SAID NORTHERLY LINE OF THE SAN JOSE-STEVENS
CREEK ROAD, FOR A DISTANCE OF 265.32 FEET TO THE POINT OF BEGINNING.
SHOWN AS "0.588 OF AN ACRE (NET)" UPON THAT CERTAIN MAP ENTITLED "RECORD OF
SURVEY, PORTION OF RAMON NUNEZ, ET UX, PROPERTY," WHICH MAP WAS FILED FOR
RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALIFORNIA, ON MARCH 16, 1955 IN BOOK 56 OF MAPS, PAGE 8.
EXCEPTING THEREFROM ALL THAT PORTION THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND,
DESCRIBED IN THE DEED FROM MITZI TAWA, A MARRIED WOMAN, WHO ACQUIRED TITLE
AS MITZI IZU, TO FRED E. RHODES, ET UX, DATED JUNE 26, 1969, RECORDED IN THE OFFICE
OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JULY 02,
1969 IN BOOK 8592 OF OFFICIAL RECORDS, PAGE 315, WITH THE EASTERLY LINE OF
FOOTHILL BOULEVARD, FORMERLY MOUNTAIN VIEW-STEVENS CREEK ROAD, (AS THE SAME
EXISTS PRIOR TO THE WIDENING ON SEPTEMBER 22, 1943); THENCE FROM SAID POINT OF
BEGINNING AND ALONG THE NORTHERLY LINE OF SAID LAND DEEDED TO FRED E. RHODES,
ET UX, SOUTH 89° 54' 45" EAST 155.07 FEET TO A POINT, DISTANT THEREON NORTH 89° 54'
45" EAST 155.07 FEET TO A POINT, DISTANT THEREON NORTH 89° 54' 45" WEST 109.52
FEET FROM THE NORTHEASTERLY CORNER OF SAID LAND DEEDED TO FRED E. RHODES, ET
UX; THENCE LEAVING LAST SAID NORTHERLY LINE AND AT A RIGHT ANGLE THERETO, SOUTH
0° 05' 15" WEST, 105.00 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY LINE OF
SAID LAND DEEDED TO FRED E. RHODES, ET UX, ON THE NORTHERLY LINE OF CUPERTINO
ROAD (FORMERLY SAN JOSE-STEVENS CREEK ROAD); THENCE ALONG THE SOUTHERLY LINE
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March 11, 2024
Project No. A23078
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OF SAID LAND DEEDED TO FRED E. RHODES, ET UX, ALSO BEING THE NORTHERLY LINE OF
SAID CUPERTINO ROAD, NORTH 89° 54' 45" WEST TO THE POINT OF INTERSECTION
THEREOF, WITH THE EASTERLY LINE OF SAID FOOTHILL BOULEVARD, FORMERLY MOUNTAIN
VIEW-STEVENS CREEK ROAD, ABOVE REFERRED TO, ALSO BEING THE SOUTHWESTERLY
CORNER OF SAID LAND DEEDED TO FRED E. RHODES, ET UX; THENCE ALONG THE WESTERLY
LINE OF SAID LAND DEEDED TO FRED E. RHODES, ET UX; ALSO BEING THE EASTERLY LINE OF
SAID FOOTHILL BOULEVARD, FORMERLY MOUNTAIN VIEW-STEVENS CREEK ROAD, NORTH
4° 41' WEST 104.93 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM THE INTEREST CONVEYED BY DEDICATION IN FAVOR OF THE
CITY OF CUPERTINO DATED JANUARY 09, 1970 AND RECORDED JANUARY 23, 1970 IN BOOK
8809 OF OFFICIAL RECORDS, PAGE 352, FOR PUBLIC ROADWAY PURPOSES, TOGETHER WITH
THE RIGHT TO CONSTRUCT, REPAIR, OPERATE AND MAINTAIN ANY AND ALL PUBLIC
UTILITIES WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND:
BEGINNING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL SHOWN ON THE
RECORD OF SURVEY RECORDED MARCH 16, 1955 IN BOOK 56 OF MAPS, PAGE 8 OF SANTA
CLARA COUNTY RECORDS; THENCE FROM SAID POINT OF BEGINNING SOUTH 89° 54' 45"
EAST 15.06 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO AND DISTANT 55.00 FEET
AT RIGHT ANGLES FROM THE CENTERLINE OF FOOTHILL BOULEVARD (FORMERLY
MOUNTAIN VIEW-STEVENS CREEK ROAD) AS SHOWN ON SAID RECORD OF SURVEY MAP
SOUTH 4° 41' 00" EAST 76.50 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT WITH A
RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 85° 13' 45, FOR AN ARC LENGTH
OF 29.75 FEET; THENCE ALONG A LINE WHICH IS PARALLEL TO AND DISTANT 30.00 FEET AT
RIGHT ANGLES FROM THE CENTERLINE OF CUPERTINO ROAD (FORMERLY SAN JOSE-
STEVENS CREEK ROAD) AS SHOWN ON SAID RECORD OF SURVEY MAP SOUTH 89° 54' 45"
EAST 211.72 FEET TO A POINT IN THE WESTERLY LINE OF THAT CERTAIN 0.20 ACRE TRACT
OF LAND DESCRIBED IN THE DEED FROM FLORENCE M. ANTHONY TO GEORGE L. ANTHONY,
DATED JANUARY 04, 1912 AND RECORDED JANUARY 10, 1912 IN BOOK 378 OF DEEDS,
PAGE 158; THENCE ALONG SAID WESTERLY LINE SOUTH 5° 04' 45" EAST 10.04 FEET TO A
POINT IN THE NORTHERLY LINE OF CUPERTINO ROAD AS SHOWN ON SAID RECORD OF
SURVEY MAP; THENCE ALONG SAID NORTHERLY LINE OF CUPERTINO ROAD AS SHOWN ON
SAID RECORD OF SURVEY MAP; THENCE ALONG SAID NORTHERLY LINE NORTH 89° 54' 45"
WEST 245.25 FEET TO A POINT IN THE EASTERLY LINE OF FOOTHILL BOULEVARD AS SHOWN
ON SAID RECORD OF SURVEY MAP; THENCE ALONG SAID EASTERLY LINE NORTH 4° 41' 00"
WEST 104.93 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM, THE UNDERGROUND WATER AND RIGHTS THERETO,
WITHOUT RIGHTS OF SURFACE ENTRY, CONVEYED TO THE CITY OF CUPERTINO, A
MUNICIPAL CORPORATION, BY THAT CERTAIN QUITCLAIM DEED AND AUTHORIZATION
FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA ON
FEBRUARY 25, 1999 AS INSTRUMENT NO. 14673915, OFFICIAL RECORDS.
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Exhibit B
STORM WATER FACILITIES AREA
(Attach diagram of Stormwater Facilities Area.)
63 of 103
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DATE 05/10/2024
SCALE AS SHOWN
DESIGNER
JS
DRAWN BY
NK
JOB NO.
A23078
SHEET
1
Bioretention Area Maintenance Plan for
22445 Cupertino Road, Cupertino, CA 95014
[[== I'nseft Date =J]
Project Address and Cross Streets 22445 Cupertino Road I N. Foothill Boulevard
Assessor's Parcel No.: 326-15-130 & 326-15-133
Property Owner: Front Porch Communities & Services _ Phone No.: (408) 454-5655
Designated Contact: Charlis Younan Phone No.: (408) 454-5655
Mailing Address: 22445 Cupertino Road, Cupertino, CA 95014
The property contains 2 bioretention area(s), located as described
below and as shown in the attached site plan'.
Bioretention Area No. I is located at Central Courtyard
Bioretention Area No. 2 is located at Central Courtyard
I. Routine Maintenance Activities
The principal maintenance objective is to prevent sediment buildup and clogging, which
reduces pollutant removal efficiency and may lead to bioretention area failure. Routine
maintenance activities, and the frequency at which they will be conducted, are shown in
Table 1.
Table 1
Routine Maintenance Activities for Bioretention Areas
No.
Maintenance Task
Frequency of Task
1
Remove obstructions, weeds, debris and trash from
Quarterly, or as needed after storm
bioretention area and its inlets and outlets; and dispose of
events
properly.
2
Inspect bioretention area for standing water. If standing
Quarterly, or as needed after storm
water does not drain within 2-3 days, till and replace the
events
surface biotreatment soil with the approved soil mix and
replant.
3
Check underdrains for clogging. Use the cleanout riser to
Quarterly, or as needed after storm
clean any clogged underdrains.
events
4
Maintain the irrigation system and ensure that plants are
Quarterly
receiving the correct amount of water (if applicable).
5
Ensure that the vegetation is healthy and dense enough
Annually, before the wet season
to provide filtering and protect soils from erosion. Prune
begins
and weed the bioretention area. Remove and/or replace
any dead plants.
6
Use compost and other natural soil amendments and
Annually, before the wet season
fertilizers instead of synthetic fertilizers, especially if the
begins
system uses an underdrain.
7
Check that mulch is at appropriate depth (2 - 3 inches per
Annually, before the wet season
soil specifications) and replenish as necessary before wet
begins
season begins. It is recommended that 2" — 3" of arbor
mulch be reapplied every year.
8
Inspect the energy dissipation at the inlet to ensure it is
Annually, before the wet season
functioning adequately, and that there is no scour of the
begins
surface mulch. Remove accumulated sediment.
' Attached site plan must match the site plan exhibit to Maintenance Agreement.
Page 1
66 of 103
Bioretention Area Maintenance Plan
Property Address:
Date of Inspection:
Treatment Measure No.:
9
Inspect overflow pipe to ensure that it can safely convey
Annually, before the wet season
excess flows to a storm drain. Repair or replace damaged
begins
piping.
10
Replace biotreatment soil and mulch, if needed. Check for
Annually at the end of the rainy
standing water, structural failure and clogged overflows,
season, and/or after large storm
Remove trash and debris. Replace dead plants.
events
11
Inspect bioretention area using the attached inspection
Annually, before the wet season
checklist.
II. Use of Pesticides
Do not use pesticides or other chemical applications to treat diseased plants, control weeds or
removed unwanted growth. Employ non -chemical controls (biological, physical and cultural
controls) to treat a pest problem. Prune plants properly and at the appropriate time of year.
Provide adequate irrigation for landscape plants. Do not over water.
Ill. Vector Control
Standing water shall not remain in the treatment measures for more than five days, to prevent
mosquito generation. Should any mosquito issues arise, contact the Santa Clara Valley Vector
Control District (District). Mosquito larvicides shall be applied only when absolutely necessary, as
indicated by the District, and then only by a licensed professional or contractor. Contact information
for the District is provided below.
Santa Clara Valley Vector Control District
1580 Berger Dr.
San Jose, California 95112
Phone: (408) 918-4770/(800) 675-1155 - Fax: (408) 298-6356
www. sccQ ov. org/portal/site/vector
IV. Inspections
The attached Bioretention Area Inspection and Maintenance Checklist shall be used to
conduct inspections monthly (or as needed), identify needed maintenance, and record
maintenance that is conducted.
Page 2
67 of 103
Exhibit C
FORM OF MAINTENANCE INSPECTION REPORT
(to be inserted)
65 of 103
Bioretention Area
Inspection and Maintenance Checklist
Property Address: 22445 Cupertino Road, Cupertino, CA 95014 Property Owner: Front Porch Communities and Services
Treatment Measure No.: Date of Inspection:
Inspector(s):
Type of Inspection: ❑ Quarterly ❑ Pre -Wet Season
❑ After heavy runoff End of Wet Season
❑ Other:
Defect
Conditions When Maintenance Is
Maintenance
Comments (Describe maintenance
Results Expected When
Needed
Needed? (Y/N)
completed and if needed maintenance was
Maintenance Is Performed
not conducted, note when it will be done)
1. Standing Water
Water stands in the bioretention area
There should be no areas of
between storms and does not drain
standing water once storm event
within 2-3 days after rainfall,
has ceased. Any of the following
may apply: sediment or trash
blockages removed, improved grade
from head to foot of bioretention
area, or added underdrains.
2. Trash and Debris
Trash and debris accumulated in the
Trash and debris removed from
Accumulation
bioretention area, inlet, or outlet.
bioretention area and disposed of
properly.
3. Sediment
Evidence of sedimentation in
Material removed so that there is no
bioretention area,
clogging or blockage. Material is
disposed of properly.
4. Erosion
Channels have formed around inlets,
Obstructions and sediment removed
there are areas of bare soil, and/or
so that water flows freely and
other evidence of erosion,
disperses over a wide area.
Obstructions and sediment are
disposed of properly.
5. Vegetation
Vegetation is dead, diseased and/or
Vegetation is healthy and attractive
overgrown,
in appearance.
6. Mulch
Mulch is missing or patchy in
All bare earth is covered, except
appearance. Areas of bare earth are
mulch is kept 6 inches away from
exposed, or mulch layer is less than 2
trunks of trees and shrubs. Mulch is
inches in depth.
even in appearance, at a depth of 2
—3 inches.
7. Miscellaneous
Any condition not covered above that
Meets the design specifications.
needs attention in order for the
bioretention area to function as
designed.
Bioretention Area Maintenance Plan - Page 3
68 of 103
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 San - l CiarA
Onk 2 202. before me, vknMtn o M,di�l Jo rt -Pub)iG ,Notary Public,
(Here insert name and title of the fficer)
personally appeared (D(d I'�u Vj u(
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/subscribed to
the within instrument and acknowledged to me that he/they executed the same in his//their-authorized
capacity(ies), and that by his/leer/theic.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.
ARLENE MEND&A MOTH
WI my hand and official seal. Notary Public - California
Santa Clara County
Commission 0 2507905
*My Comm. Expires Jan 20, 2029
Ignature of Notary Public (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
Storm at.r T1a mart Ian
(Title or descri ion of attached document)
,tee rv�,vl fi Cv�rrtiny
J (Title or description of attached document continued)
Number of Pages 3 Document Date 3J 261 2025
1Arf of :6iYt i ConfiraC - of o�
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Other
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
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verbiage does not require the notary to do something that is illegal for a notary in
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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
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
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• The notary public must print his or her name as it appears within his or her
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Impression must not cover text or lines. If seal impression smudges, re -seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
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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
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