E-526 Grant of Easement, San Jose Water Company (reference E-519)
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Cupertino
10300 Torre Drive
Cupertino, California 95014
SPACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF EASEMENT F~~R TRAIL PURPOSES
THIS GRANT OF EASEMENT FOR TRAIL PURPOSES ("Agreement") is made
effective as of this 30~'" day of °_~~r~Z.~r~ 2002 by SAN JOSE WATER
COMPANY, a California corporation ("Grantor") ;end THE CITY OF CUPERTINO, a municipal
corporation ("Grantee").
RECIT~~LS
A. Grantor is the owner of that certain real property located in the City of Cupertino,
County of Santa Clara, State of California, as more particularly described in Exhibit A attached
hereto (the "Property").
B. Grantee has requested an exclu;~ive easement for the limited purpose of
developing, maintaining, repairing and using a pedestrian, bicycle and equestrian trail through a
portion of the Property more particularly described on Exhibit B attached hereto and more
particularly depicted on Exhibit C attached hereto.
C. Grantor is willing to grant the aforementioned easement to Grantee upon the terms
and conditions set forth below.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. Grant of Easement. Subject to ~'~ection 4 hereof, Grantor hereby grants to
Grantee an exclusive easement over and acro:;s the eighteen foot (18') wide area more
particularly described on Exhibit B attached hereto and more particularly depicted on Exhibit C
attached hereto (collectively, the "Easement Ar~:a") for the limited purpose of developing,
constructing, maintaining, repairing, replacing and using a pedestrian, bicycle and equestrian trail
to be created by Grantee within such Easement .Area. The Easement Area may be used by
Grantor and the general public subject to the restrictions or limitations set forth below.
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2. Right of Entry. Grantor further ~~•ants to Grantee the right to enter onto the
Easement Area for the purpose of constructing, reI-airing, maintaining and replacing a pedestrian,
bicycle and equestrian trail and any improvements related thereto in the Easement Area. Upon
completion of any construction, repair, maintena~ice or replacement of the trail improvements,
Grantee shall remove all debris generated by such work and restore the area where the work
occurred to a neat, safe and orderly condition. Grantee acknowledges and agrees that Grantor's
granting of the easement under this Agreement does not create or impose on Grantor any
obligation of any nature whatsoever to develop, construct, install, maintain, repair or replace any
improvements in the Easement Area. Grantor shall not be obligated to protect, keep safe, secure
or provide any security for any construction equipment or materials used or stored by Grantee in
the Easement Area. Grantee acknowledges and agrees that Grantor shall not be obligated to
insure Grantee's construction equipment or materiels stored in the Easement Area against injury,
loss, theft, damage or destruction, and Grantee may maintain such insurance with respect thereto as
Grantee deems necessary. Grantor shall not be r•°sponsible or liable for any injury, loss, theft,
damage or destruction of or to Grantee's construction equipment or materials (or other personal
property) stored in the Easement Area. Grantee hereby waives and releases Grantor from and
against any and all claims, damages, liabilities, actions, liens, losses, causes of action, demands,
penalties, costs or expenses (including, without lirr~itation, attorneys' fees and court costs) arising
from, related to, or in connection with any theft, loss, damage, destruction, or injury to
construction equipment, materials or other pers~~nal property stored in the Easement Area.
Grantee shall prevent any mechanics' or materia;~,men's liens from being recorded against the
Easement Area (or the Property) by reason of any construction, repair or maintenance work
performed within the Easement Area, and to the exaent any such liens are recorded, Grantee shall
immediately cause the removal of such liens at Grantee's sole expense.
3. Maintenance and Repairs. Grantee shall, at Grantee's sole expense, periodically
inspect, maintain, repair, reconstruct and replace., as necessary, the trail improvements in the
Easement Area to insure the safe and secure operation of the same. If Grantee or its agents,
employees or contractors should damage any portion of the trail improvements in the Easement
Area or any improvements on the Property, Grar..tee shall at Grantee's sole cost, immediately
repair, reconstruct and restore such damaged portion to substantially the condition it was in
immediately prior to the occurrence of such damage.
4. Uses Reserved by Grantor. Grantor hereby reserves for itself and all successors in
title to the Property, and each of their respective agents, employees, tenants, contractors, sub-
contractors, licensees, invitees and assigns, the right to use and enjoy the Easement Area for any
purpose or use which does not unreasonably interfere with Grantee's use of the Easement Area.
Grantor specifically reserves the right to maintain, inspect, repair, reconstruct and replace the
existing water pipeline running across the Easemerrt Area adjacent to Saratoga Creek. Grantee's
use and operation of the pedestrian, bicycle and equestrian trail and construction, maintenance
and repair of the trail improvements in the Easement Area shall be conducted in a manner that
does not interfere with Grantor's use and enjoyment of the remainder of the Property.
5. Insurance and Indemnity. Grantee shall maintain insurance in connection with
Grantee's use and operation of the Easement Area, and the construction, maintenance, and repair
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of the trail improvements therein, including a policy or policies of commercial general liability
insurance insuring against personal injury, death or property damage arising from the use of the
Easement Area by Grantee or the public, as follows:
Workers Compensation Liability In accordance with the Worker's
(:ompensation Act of the State of California -
9~ 1.0 million er occurrence
Public Liability -either commercial general (:ombined single limit of $1.0 million per
liability or comprehensive general liability; occurrence; $2.0 million in the aggregate
including provisions for contractual liability,
personal injury, independent contractors and
ro ert dama a covera es.
Builder's all Risk ~~rriount equal to 100% of the contract price
laid $25,000 deductible is allowed.
Automobile Liability - comprehensive (~ombined single limit of $1.0 million per
covering owned, non-owned and hired occurrence.
automobiles
Such insurance shall (i) specifically name Grantor as an additional insured, (ii) not be canceled or
the coverage or liability limits reduced without tltirty (30) days prior written notice to Grantor,
(iii) insure the indemnity obligations of Grantee as set forth below, and (iv) provide coverage
which is primary to any coverage carried by Ov;~ner and not in excess thereto. Grantee shall
deliver insurance certificates to Grantor prior to a~iy entry onto the Easement Area by Grantee or
any of its contractors or agents. Grantee shall indemnify, defend and hold harmless Grantor and
its agents, employees, officers, directors, successors and assigns from and against all claims,
liabilities, damages, losses, liens, actions, judgments, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' fees and court costs) arising from, or related
to, the use of the Easement Area by Grantor or the general public in connection with, or related
to, or arising out of their use, construction, maintenance, repair or replacement of the Easement
Area or the trail improvements therein, except that the foregoing indemnity shall not apply to
liability to the extent caused by the negligence or willful misconduct of Grantor.
6. Term. The term of this Easement shall commence on the date first set forth above
and shall continue until terminated by the agreement of Grantor or Grantee or the dedication in
fee of the Easement Area by Grantor to Grantee (without any obligation on the part of Grantor to
grant a dedication in fee or for Grantee to accept a dedication in fee).
7. Attorneys' Fees. In the event of am/ dispute between the parties hereto concerning
this Agreement or any provision herein or the rigrits and obligations of the parties hereunder, the
party prevailing in such dispute shall be entitled, in addition to such other relief as may be
granted, to a reasonable sum as attorneys' fees and court costs.
8. Binding on Successors and Assigns. The covenants and conditions contained in
this Agreement shall run with the land and apply to and bind the successors in interest,
successors and assigns of the parties hereto.
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9. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
10. Entire Agreement. This Agreement, including Exhibits A B and C attached hereto
and incorporated herein by this reference, constitutes the entire agreement between the parties
with respect to the grant of easement hereunder. This Agreement may be amended, modified or
supplemented only by a written document executed by Grantee and Grantor or Grantor's
successor in title to the Property.
IN WITNESS WHEREOF, this Agreerrient is executed as of the date and year first
written above.
GRANTOR:
App v as to fo
ity Attorney
ATTEST: ~.
City Clerk
SAN JOSE WATER COMPANY,
a California corpor tion
By:
Its: ~"~QL/?'~"~~~i Y L~r' ~
GRANTEE:
CITY OF CUPERTiNO,
a municipal corporation
By:
Its: M0""1~r
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EXIilI3IT A
LEGAL DESCRIPTION OF PROPERTY
OLD REPUBLIC 'T'ITLE COMPANY
ORDER NO. 517752-1,Z
LIP DATE
The land referred to in this Report is situated in the County of Santa Clara, City of Cupertino,
State of California, and is described as follows:
COMMENCING AT A POINT IN THE CENTER OF DOYI,E ROAD, DISTANT THEREON N. 0~ 49' 51'
W. 2224.51 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE CENTER LINE OF
BOLLINGER ROAD; SAID POINT OF COMMENCEMENT BEING ALSO THAT POINT OF INTERSECTION
OF THE SAID POINT OF COMMENCEMENT, LEAVING SAID CENTER LINE OF DOYLE ROAD N. 87`
39' 53" W. ALONG SAID SOUTHERLY LINE OF THE; LANDS OF TANTAU 135.00 FEET TO THE
TRUE POINT OF BEGINNING OF THE DESCRIPITIOAI; THENCE FROM SAID TRUE POINT OF
BEGINNING CONTINUING ALONG SAID SOUTHERLY DINE OF THE LANDS OF TANTAU N. 87~ 53'
W. 170.00 FEET; THENCE LEAVING SAID LINE S. 18` 50' W. 130.37 FEET; THENCE S.
87` 39' S3" E. 180.08 FEET; THENCE N. 14` 30' E. 127.88 FEET TO THE TRUE POINT
OF BEGINNING.
TOGETHER WITH A RIGHT OF WAY FOR PUBLIC UTILITIES AND INGRESS THERETO AND EGRESS
THEREFROM OVER A STRIP OF LAND 20 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF THE PARCEL OF LAND FIRST ABOVE
DESCRIBED; THENCE FROM SAID POINT OF BEGINNING S. 18" 50' W. ALONG THE
SOUTHWESTERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL ABOVE DESCRIBED,
20.86 FEET; THENCE S. 87~ 39' 53" E. PARALLEL WITH THE SOUTHERLY LINE OF SAID
PARCEL OF LAND ABOVE DESCRIBED 181.68 FEET 'PO THE POINT OF INTERSECTION WITH THE
SOUTHWESTERLY PROLONGATION OF THE EASTERLY .LINE OF SAID PARCEL OF LAND ABOVE
DESCRIBED; THENCE N. 14~ 30' E. ALONG THE SAID SOUTHWESTERLY PROLONGATION OF
SAID EASTERLY LINE 20.46 FEET TO THE SOUTHEASTERLY CORNER OF SAID PARCEL, THENCE
N. 87~ 39' 53" W. ALONG THE SOUTHERLY LINE 1)F SAID PARCEL 180.08 FEET TO THE
POINT OF BEGINNING.
375-23-038 13266 CR/CI/BF A376-17-038 NI rt-upd
F.XHTRT'T R
LEGAL DESCRIPTION OF EASEMENT AREA
Real property in the City of Cupertino, County of Santa Clara, State of California,
described as follows:
Portion of parcel of land described in the deecl to San Jose Water Works, recorded
January 1, 1973 at Series Number 824935, S~~nta Clara County Records described as
follows:
A strip of land, 18 feet in width, the south line ~~f which is described as follows:
Beginning at the southwest corner of said Par~~el (SN 824935), said corner being the
northwest corner of Lot 279, as said Lot is shc-wn on the map of Tract 1183, filed June
23, 1953 in Book 44 of Maps, page 11, Santa Clara County Records; thence South
87°39'53" East 180.08 feet along the southerl~i line of said Parcel (SN 824935) to
southeast corner of said parcel (SN 824935). The sideline of said 18 feet wide strip
shall be lengthened or shortened to extend entirely across said Parcel (SN 824935).
Containing an area of 3,228 square feet, more or less.
Attached hereto is a plat entitled Exhibit "C" ar~d by this reference made a part hereof.
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RETAINING WALL SYSTEM
(TO REMAIN) EXIST. PAC BELL
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/ / X74.
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PROPOSED WATER
~ / ~ / // Q ~° h /~ PARCEL ONE LINE EASEMENT
/ /~, , / t 9,478 Gross SgFt
/ , i / /~ ti ~ t 7,496 Developable SgFt
~ `Qj/ / /^ ~ ~- Approx. Pad EI - 1201.3
VV / /n.~ ~ 17. Sloped Pod
~ilj~ ~l /Cv p ~r- '____ - -_-- ___-----~_--- Jl
~ /~ -~5-
~ /~/ ~ PROPOSED BLDG. 5' - - - - - --'-- I.
/ /O/ ~ SETBACK LINE (TYP.) - - - ~. - ~-^~- /-
//yr / l lip, b SL OP FENCE ~YSTEM ~/. ~.
~ / / t 9,174 Gross S Ft
q IP, .,.N
/ / / _/ p'_ / t 7,430 Developable SgFt /~
/ / / ~~J{ Approl%PSoped P 4201.6 ~"'~%
/ / ~ ` // .
/ /
~XIST. 5'S~ / `Y //
~ SIDEWALK // ~ ~-'-----------~-----------------J/
/ / / ~______ /_ _ _ ~- - - 1 O PROPOSED 18' DEDICATION /
/ / / - ____~_ _ `_ fFOR TRAIL ACCESS` /
/ / / ~` PROPOSED WATER HP
/ / ~LLUE EASMEN T /
1 T _
~~ _ _ ' _"
N• 8T39'S3' W 180.08--~~--' ''
Ewsr. 20' ~
DRAINAGE ESMNT. EXIST. PUE AND DRAINAGE
EASEMENT (TRACT 1183 -
------ ----- ----------- RECORDED 9/13/53, BOOK
------------- 2720. PAGE 412)
--------------'L--
LAi~JJJ ~r /r)r ~y~
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SAN JOSE WATER LAND COMPANY 5ew:: ~'•~~.~
374 WEST SANTA CLARA STREET a G.
SAN JOSE, CA 95113 O~"AQ~' 137D
Pro} Engr: P.O. G
STATE OF CALIFORNIA
ss.
COUNTY OFS~`NTiS C1R~'fy'
O~~'%r!"~ 3C,:~C.^, e before me,~~~y ~~, ~,~~~i ' personally I CAPACITY CLAIMED BY SIGNER
appeared /~) - ~E'i ~, NF,'iC C. Rl_~'"fi
personally known to me -OR- ^
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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 authori~;ed 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.
WITNESS my hand and official seal.
SIGNATURE OF
STATE OF CALIFORNIA
COUNTY OF
On
appeared
ss.
before me,
personally
^ personally known to me -OR- ^
proved to me on the b,~sis of satisfactory
evidence to be the person(s) whose
name(s) is/are subscribed to the within
instrtument and acknowledged to me that
he/she/they executed. the same in
his/her/their authorized capacity(ies),
and that by his/her/tht;ir signature(s) on
the instlument the person(s), or the
entity upon behalf of which the
person(s) acted, executed the
instrument.
WITNESS my hand a:zd official seal.
SIGNATURE OF NOTARY
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
^ INDNIDUAL
~ CORPORATE OFFICERS(S)
~PF.'ESi~'L-NT RNC l: c D
Title(s)
^ PARTNER(S) ^ LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT
^ TRUSTEE(S)
^ GUARDIAN/CONSERVATOR
^ OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary
to fill in the data below, doing so may
prove invaluable to persons relying on the
document.
^ INDNIDUAL
^ CORPORATE OFFICERS(S)
Title(s)
^ PARTNER(S) ^ LIMITED
^ GENERAL
^ ATTORNEY-IN-FACT
^ TRUSTEE(S)
^ GUARDIAN/CONSERVATOR
^ OTHER:
SIGNER IS REPRESENTING:
Name of Person(s) or Entity(ies)
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