CC Resolution No. 10-023 Stormwater Management Facility Easement Agreement, 19333 Vallco ParkwayRESOLUTION NO. 10-023
A RESOLUTION OF THE CITY COUNC [L OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORN[WATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, APPLE INC., 19333 VALLCO PARKWAY,
APN(S) 316-20-075 AND 316-20-076
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner,
Apple Inc., 19333 Vallco Parkway, APN(s) 31Ei-20-075 and 316-20-076, as described in
Exhibits "A" and `B", and said agreement having been approved by the City Attorney;
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Clerk
are hereby authorized to sign the aforementioned agreement on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 2nd day of February, 201 O, by the; following vote:
Vote Members of the C~ Council
AYES: Wang, Wong, Chang, Mahoney, Santoro
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
%~- 4%YK~-lam ~':~~
City Clerk
APPROVED:
RECORDING REQUESTED BY AND
`rVI~EN RECORDED PLEASE RETURN TO:
Apple Inc.
1 Infini*_e Loop, MS 4-LAV1'
Cupertino, CA 95014
Attn: Real Estate Counsel
SPACE ABOVE FOR RECORDING'S GJSE ONL\'
STOR_~IR%ATER M.~~]A:TEIvii='~i I FACILITY
EASE;VIEI~T AGREENIE~TT
County Assessar's Parcels: ~6-2D-075 and 316-20-076
~'I3IS STORMWATER MANAGEMENT FACI ITY ~ AGREEMENT
("Agreement") is made and entered into thi day of .2009, by Ankle
Inc.. a California corporation (hereinafter referred to as "GRANTOR") and the City of
Cupertinc ("CITY").
The GRANTOR does hereby grant and convey to the CI"I'Y, a Stormwater Facility
3anagement Easement, as described in Exh',bit "B" of this Agreeme-a.
RECITE~LS:
This Agreement is made ar_d entered inter with reference to the following facts:
.~. Z'I:e GRANTOR is the owner of real property and improvements located
:vithin the City or Cupertino, County of Santa Clara, State of California
("PROPERTY"), as described in Exhibit "A" of this Agreement.
B. The developer of the property is required to install, operate, and maintain
stormvoater management facilities within the PROPERTY. The Stormwater
management facilities are shown in the Stormwater Management PIan prepared b}
Kier 8z Wright Civi] Engineers ~ Surveyors. -,Inc. and dated 9/15J09. which plans and
any amendments thereto, are on file with the Public Works Department of the Cite-
of Cupertino, California. The CITY has reviewed and approved the Storm Water
Rtanagen~ ent Plan subject to the execution of this agreement
C. The GRANTOR, its successors and assigns, shat] be responsible for
maintenance of these stormwater management facilities in accordance Lvith thc-
Storm Water Maintenance Agreement for this facility and the CITY's stormwater
Follution Prevention and LL'atershed Pretention Ordinance.
D. The CITY, its successors and assigns, shah at all reasonable times have a right
tc enter said easement for the purpose of inspecting, monitoring, modifying,
_aintair_ing, and repairing the stormwater management facilities at the PROPERTY,
within the easement described in Exhibit "B."
E. While this Agreement is in effect, the GRANTOR will r_ot erect nor permit to
be erected any building or structure of any nature whatsoever, nor fill or excavate
;.within said easement wi*_hout the CITY's written consent.
r. The GRANTOR will warrant specially said easement and shall execute such
further assurances thereof as may be requisite-
G. Fn the event that the CITY shall determine at its sole discretion at any future
time that the stormwater Management Facility is no longer required, then at the
request of the GRANTOR, its successors and/or assigns, the C[TY shall execute a
release of this Agreement which the GRANTOR, it successors and/or assigns, shat!
record with the COUNTY, at its/their expen:>e.
`OW, THEREFORE, the parties hereto al;ree as Follows:
Covenants Running With the Land: Property Subject to Agreement All of thc-
real property described in Exhibit "A" shall be subject to this Agreement It is
intended and determined that the provisions of this Agreement shall run
with the land and shall be binding on all parties having or acquiring any
right, title or interest in the real property described in Exhibit "A" or any-
porticn thereof and shall be for the benefit of each owner of any of said
parcels or any portion of said property and shall inure to the benefi*_ of and
be binding upon each successor in interest of the awners thereof Each and
all of the limitations, easements, obligations, covenants, conditions, and
restrictions contained herein shall be deemed to be, and shall be construed
as equitable servitudes, enforceable by any of the owners of any- of the
property subject to this Agreement against any other Owner, tenant or
occupant of the said property, or any portion thereof.
Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY
harmless of and from any and all claims, !iabilities, actions, causes of action,
and damages for personal injury and property damage, including without
limitation reasonable attorneys' fees, arbitration fees or costs and court
costs, arising out of or related to the sse of the easement described in Exhibit
"B," except to the extent that suciZ claims, liabilities, actions, causes of action,
and damages arise out of or related to the CITY's negligence and/or
intentional conduct or the negligence: or intentional acts of any of the CITY'S
employees, agents, representatives, contractors, vendors, or consultar_ts.
3. Attorneys' Fees: In the event that any party institutes legal action or
arbitration 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 cell other recoverable costs, expenses and damages.
4. Further Documents: The parties covenant and agree that they shah execute
such further documents and instrsctions as shall be necessary *_o fully
effectuate the terms and provisions of this Agreement.
5. Entire Agreement: This Agreement constitutes the entire agreement of the
parties with respect to the subject matter Contained herein and supersedes
all prior agreements, whether written or oral There are no representations,
agreements, arrangements, or undertakings, oral or written that are nat fully
expressed t-,erein.
6. Severability: In the event any par*_ or provision of this Agreement shall be
determined to be invalid or unenforceable under the Saws of the State of
California, the remaining portions of this Agreement that can be separated
for the invalid, unenforceable prat*isions shall, nevertheless, continue in fuel
force and effect.
7. No Waiver: The waiver of any covenant contained herein shall not be deemed
to be a continuing waiver o*" the same or any other covenant contained
i~ereir..
8. Amendment: This Agreement may be amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Sar.ta
Clara County, California. In the even any conflict arises between the
provisions of any such amendment and any of the provisions of any earlier
document or documents, the most: c-ecently duly executed and recorded
amendment shall be controlling.
Executed the day and yea: nrst auove written.
APPL OR)
F~
e: 4~s~-.1 W u-~S.~i 1-F~y_>-r
Title: ~ ~t~a..z~so-2_ Rx e` /~
(Nota-y AcGCnowiedgment to be attached)
CITY OF CUPERTINO, [CITY)
B v:
a?n2:
Title:
RFAi. PROPFR"I'Y nFSCRTPTI07!
Real property in the City of Cupertino, Courry ~f Sar.Ya Cla.-a, State o2 Califon;ia, dese; iUcd as
£o l l ow~ s:
PARCEL :1:
ALL OF pARCEL 1, AS SHORN ON TI?AT CERTAIN PARCEL. MAP FILED II~T TIIE
OFFICE OF THE RECORDER OF THE COL"YdTY OF SA\TTA C1.ARA, STAVE Oi-
CALIFC>1::'v1A UN 1ti1ARCH 2G, 1979, LT: BOCK 43R OF MAPS, PAC~I-;S I2 .4V1) 7 ~, AND :~
CER'I i ~ ?C:'~"FE OF CORRECTION, :tECOItDED JUNE 15, 7 979 11V BOOK 1:57?_, YAGF, ; ; ]
OF OFI=ICIAL RECORDS.
a
1'ARCt=7. B-
4LL OF PARCEL 2, AS SHO~~.%N ON THA'I' CERTAIN PARCEL MAP FIL1=:D IN ! ; iE
OFFIC'. Oi;' 'I"HE RECOI2T)ER OF THE COIIF]TY OF SANTA CLARA, STA"I"F, OF
<.ALT1~c~7L~JA ON I~'IARCH 26, I979, IN BOUK 43kt OF VLA.pS, pAGES 12 A1~1-D 13, AIvD A
CERTIFICATE OF CORRECTION, RECORDED JUNE 12, 7979 lh' BOOK L57~, PAL',E 331
OF OFFICIAL RECORDS.
.APN: 3I6-20-U75 an-? 31G=2.0-Ga6 -
December 24, 2009
Job No. A09020
Page I of 5
EX>FIIBIT "B"
LEGAL DESCRIPTION
FOR: SWALE .EASEMENT
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of
California, being a portion of Parcel 1 and Parcel :? as shown on that certain Parcel Map filed for
record on March 26, 1978 in Book 438 of Maps at Pages 12-13, Santa Clara County Records,
and being more particularly described as follows:
AREA 1-
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1;
Thence along the southerly line of said Parcel 2, b~°ing a non-tangent curve to the right having a
radius of 705.00 feet and to which point a radial line bears North 1 8°08'34" East, through a
central angle of OS°40'31" for aii arc distance of 69.83 feet;
Thence leaving said southerly line, North 23°49'OS" East, 16.04 feet to the True Point of
Beginning;
Thence the following six (6) courses and distances:
1. North 14°44' 12" East, 17.00 feet;
2. South 75°15'48" East, 30.00 feet;
3. South 57°03'49" East, 1 15.89 feet;
4. South 32°56' 1 1" West, 17.00 feet;
5. North 57°03'49" West, 113.17 feet;
6. North 75°15'48" West, 27.28 feet to the Tn~e Point of Beginning.
Said Area 1 contains 2,434 ± Sq.Ft.
AREA 2
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1 ;
Thence along the common line of said Parcel 1 anc. Parcel 2 the following four (4) courses and
distances:
1. North 20°15'59" East, 131.50 feet;
2. North O 1 °06' 14" West, 226.64 feet;
3. North 88°54'21" East, 2.20 feet;
4. North O1 °06' 14" West, 55.24 feet;
I:APROJECTS\A09020\DOCS\SURVEY ROCS`,LEGAL DEBCRIYTIONS\S.~~ale Easement\Lega] Description.doc
December 24, 2009
Job No. A09020
Page 2 of 5
Thence leaving said common line, South 88°53'46" West, 33.17 feet to the True Point of
Beginning;
Thence along the following four (4) courses and distances:
1 . North O1°00'25" West, 32.35 feet;
2. Along anon-tangent curve to the right having a radius of 201 .17 feet and to which point a
radial line bears North 09°20'46" West, though a central angle of 47°47'56" for an arc
distance of 167.82 feet;
3. South 32°58'43" West, 32.53 feet-
4. Along anon-tangent curve to the left having a radius of 107.95 feet and to which point a
radial line bears North 56°16'44" East, through a central angle of 83°41'32" for an arc
distance of 157.69 to the True Point of Beginning.
Said Area 2 contains 3,933 ± Sq.Ft.
AREA 3-
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1 ;
Thence along the corrxxnon line of said Parcel 1 and Parcel 2 the following eight (8) courses and
distances:
1. North 20°15'59" East, 131 .50 feet;
2. North O1 °06' 14" West, 226.64 feet-
3. North 88°54'21 " East, 2.20 feet-
4. North O1°06'14" West, 112.13 feet•
S. North 25°28'49" East, 78.90 feet-
6. North O 1 °OS' 14" West, 81.00 feet;
7. North 88°54'46" East, 52.00 feet;
8. North O1 °OS' 14" West, 76.61 feet to the Tn~e Point of Beginning;
Thence leaving said common line, the following seven (7) courses and distances:
1 . Along anon-tangent curve to the left having a radius of 654.00 feet and to which point a
radial line bears North 1 1°59'49" East, through a central angle of 06°20' 15" for an arc
distance of 72.34 feet;
2. North O1°06'00" West, 60.70 feet;
3. South 57°04' 1 1" East, 43.46 feet;
4. North 32°55'49" East, 15.94 feet;
5. South 58°55'36" East, 149.21 feet-
6. South 31°04'24" West, 13.68 feet;
I:APROJECTS\A09020\DOCS\SURVPY ROCS\LEGAL DESCRIP"fIONS'~S~~~ale Easeme~rt\Le.al Description.doc
December 24, 2009
Job No. A09020
Page 3 of 5
7. Along anon-tangent curve to the left having a radius of 654.00 feet and to which point a
radial line bears North 20°30'58" East, thr~~ugh a central angle of 08°31' 1 O" for an arc
distance of 97.24 feet to the True Point of .Beginning.
Said Area 3 contains 6,415 ± Sq.Ft.
AREA 4-
Beginning at the southwesterly corner of said Parcel 2 said corner also being the southeasterly
corner of said Parcel 1;
Thence along the southerly and westerly lines of said Parcel 1 the following three (3) courses and
distances:
1. Along anon-tangent curve to the left having a radius of 705.00 feet and to which point a
radial line bears North 18°08'34" East, through a central angle of 19°13'48" for an arc
distance of 236.62 feet;
2. South 88°54'46" West, 80.00 feet-
3. North O1°05'14" West, 828.99 feet;
Thence leaving said westerly line, North 88°54'00" East, 45.50 feet to the True Point of
Beginning;
Thence the following six (6) courses and distances:
1. North 88°54'00" East, 185.64 feet;
2. North O1°06'00" West, 12.77 feet;
3. North 57°04'11" West, 30.17 feet;
4. South Ol°06'00" East, 15.65 feet;
5. South 88°54'00" West, 160.64 feet-
6. South O1 °OS' 14" East, 14.00 feet to the True Point of Beginning.
Said Area 4 contains 2,780 ± Sq.Ft.
As shown on Sheets 4 8c 5 attached hereto and by this reference made a part hereof.
Legal Description prepared by Kier 8z Wright, Civil Engineers c4z Surveyors, Inc.
12--2 v-p9
Date
SAO LANG SU,9~
c~~ ~ pfl. Atij Fb
9~~ v Q~P 9~-9 O~
an M. Amaya, L.S. 81 34 ~ ~P• 12-31-10 '~
't'l, ~.0 , 8 1.0. ~~Q
~TFOF CAt-E'~OQ`
I:APROJECTS\A09020ADOCS\SURVEY DOCS\LEGAL DESCRIPTIONS\SwaJe EasemenflLeeal Description.doc
CURVE TABLE: (SHEET 7 ONLY)
CURVE RADIUS DELTA LENGTH
C1 705.00' OS°40'31" 69.83'
C2 705.00' 19°13'48" 236.62' !
~ ~ lc~
do ~
ABBREVIATIONS ~~ \\
T. P.O.B.
P.O.B. POINT OF BEGINNING AREA 4 \\
T. P.O.B. TRUE POINT OF BEGINNING ~o~
4~~'4' AREA 4
/ 2,780 ± Sq.Ft.
~ SEE SHEET 2
1 p`
,~ 04' '
PARCEL 1
' (438 M 12-13)
AREA 3 ~
~ 6,41 5 ± Sq.Ft. ,
SEE SHEET 2
!Il ~$ !~
L7 ~"~~ `
~? gyp, "r AREA 3
`~cP
\,~ \` ~_ ~ ~1 ~- " G~` AREA 2 AREA 2
,~, ~~F ~ 2~' ~ ` 3,933 ± Sq.Ft_
,~ :~ ~ P.O.B. 'L ~ SEE SHEET 2
~~ ~~~
\ '"d 1
~j L.l
' '~+~
' ~-G
I
L7 N 25°28'49" E
L8 N O7 °O S'1 4" W
L9 N 88°54'46" E
L1 O N O7 °O S'1 4" W
L1 "I S 88°54'46" W
L1 :? N 88°S 4'00" E
W
N
H
H
Cw/~ w
~rTl~
~w-1
ti
78.90' SAO LAND s~~
81 .00' vc~~ F~ M • Ayj~ Gc"~
52.00' _, ~ y °~
76.61' ~ ~ y.~F
80.00' EXP. 1 2-31 -10
45.50' ~T /No ~'1-09 \~
qTF 8 13 \F o~~
~F C A\-
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE DEC. 2009
FOR: SWALE EASEMENT SCALE ~„ - ~ so'
CUPERTINO CALIFORNIA DR. BY SB
KIE:R & WRIGHT SOB Ao9ozo
~~
~~ w
B
EXHIBIT CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
USER:mmv r. PROJECTS A0902D DwG
ya \ \ \ \SURVEY\PLAiS\Swale Evsemenl\C-PLAtdwg DECEIABEft 24, 2009 8.49 AIA 3350 Scott Boulevard, Building 22 (408) 727 6665
Santa Clara, California 95054 fax (408) 727 5641
4
OF 5
T. P.O. B.
AREA 1
AREA 1 PARCEL, 2
2,434 ± Sq.Ft. (438 M 12- 13)
SEE SHEET 2
I LINE TABLE: (SHEET 1 ONLY)
U LINE BEARING DISTANCE
°
'
"
'
L1 N 23
49
05
E 16.04
L2 N 20°7 5'59" E 1 31 .SO'
L3 N 88°54'2 1 " E 2.20'
L4 N O 1 °06' 1 4" W S 5.24'
LS S 88°53'46" W 33.1 7'
- -~ L6 N O 1 °06' 1 4" W 1 1 2.1 3
/
~~ , '
', P LINE TABLE: (SHEET 2 ONLl7 / ". N 09°20'46" W (R)
X11 LINE BEARING DIS T~.NCE `~ ~S
~
~
~ \N L 1 N 1 4°44' 1 2" E -I 7.00' ~
\
Q L2 S 75°1 5'48" E .30.00' \
L3 S 32°56'11" W 17.00' ~
T.P.O.B.
\
L4 N 75°1 5'48" W ?7.28' ~
AREA 2
^I I ~ LS N O1°00'25" W 32.35' \ \ r~
^_^ `^
I L6 S 32°58'43" W 32.53' ~ ~ \ ~ ~~ ~ o
1~~~~
f
I
^I L7
L8 N O1°06'00" W
°
'
" 60.70'
' ~ \~~o \ ~ ~ ~
~ ~`"_'
iii
~ I S 57
04
11
E 43.46 ~~ ~
~ ~?a:
R
r
~I I w L9 N 32°55'49" E 1 5.94' ~ ~J=,
~ L1 O S 31°04'24" W 1 3.68' I
vI I ~ L1 1 N O1 °06'00" W 1 2.77'
~
~ o o
^
I I L12 N 57°04'11" W ?;0.17' ~S6°J6., ~
~ I
i
r,
~ L1 3 S O1°06'00" E 1 5.65' ' 44""
E~R
, I
,~i ZLL3J `" L1 4 S O1 °O S'1 4" E 1 4.00' \
`,L L6 _..1
AREA 1 AREA 2
2,434 ± Sq.Ft.
" 3,933 ± Sq.Ft.
SCALE: 1
50' SCALE: 1 " = SO'
,, . 1
~~
JI
C LL9
\ ~\
O
~~ ~~°s'.\ T.P.O.B. I
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N 1 1 °59'49"_E (R) _ I c
~ I
I w
r~~` M
~\ ~ ~ I ~,
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AREA 3 ~ao~ i~
6,41 5 ± Sq.Ft. ~ I
SCALE: 1 " = SO' /
N 20°30'58" E (R) ~,,
i`~,
T.P.O.B. ~\`~1~
AREA 4 ,-_ _~~ S~~ LAND S,~~P
\ \ `~, c~`~ P~ M . q,~9 G~~
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SCALE: 1 " = 50' \ J
,1
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE DEC. 2009
FOR: SWALE EASEMENT SCALE ~„ _ so•
CUPERTINO CALIFORNIA DR. BY SB
k KI ER & WRIG HT SOB Ao9ozo
~~
~~ w
B
EXH 1 BIT CIVIL_ ENGINEERS & SURVEYORS, INC. SHEET NO.
USER.mmvyn f \PRD,fCiS\n09020\DWG\SURVEY\PlA1S\Swale Evsemenl\C-PIAiAwg DECE1A6Ek 24, ?OC9 8:49 Aq 3350 S~rott Boulevard, Building 22 (408) 727 6665
Santa Clara, California 95054 fax (408) 727 5641
S
OF S
CALIFORNIA A.LL-PURPOSE
ACKNOWLF'sDGMENT
State of California )
ss.
County of Santa Clara )
On 2~ O ,before me Margaret E. Jones, a Notary Public for the
State, person ly appeared ~a,.~ [.c,h~ss/.~,f1~~$ ,personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person
whose name is/ ~e subscribed to the within instrument and acknowledged
to me that he/sz~~~~hoy executed the same in his/h -~~'r~~r authorized
capacity(ies), and that by his / h~~r signature(s}-on the instrument the
persons-}, or the entity upon behalf of which the person) acted, executed
the instrument-
I certify under PENALTY OF PERJURY" under the laws of the state of
California that the foregoing paragraph. is true and correct.
WITNESS my hand and official seal.
MARGARET E. JONES
- -~,~~-~~~-:~ Commission # 1676634 gg
" - ^~ ~~ Notary Public - Calitortria g
"''~;e' Santa Clara County -
My Comm. Expires Jul T7, 2010