E-750 Stormwater Management Facility Easement Agreement, 20620 Homestead Rd, APN 326-10-066 DOCUMENT: 22137233 Pages: 11
RECORDING REQUESTED BY: Fees. . . . No Fees
Taxes. .
City of Cupertino Copies
AMT PAID
WHEN RECORDED, MAIL TO:
REGINA ALCOMENDRAS RDE # 005
City Clerk's Office SANTA CLARA COUNTY RECORDER 3/19/2013
Recorded at the request of 10.22 AM
City of Cupertino City
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 27383
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
Sobrato Interests 1, a California limited partnership, formerly known as and
who originally took title as Brokaw interests, a California Limited
partnership, as to an undivided seventy seven and one half percent (77.5%)
tenancy in common interest and Sobrato Interests 2, a California limited
partnership formerly known as and who originally took title as Campus Park
Associates, a California limited partnership, as to an undivided twenty two
and one-half percent (22.5%) tenancy in common interest,
20620 Homestead Road
APN 326-10-066
Original
71 For Fast Endorsement
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
)
)
)
)
)
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
APN 326-10-066
20620 Homestead Road, Cupertino, CA 95014
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this (, day of reid , 20 (3, by Sobrato
Interests 1, a California limited partnership, formerly known as and who originally took title as
Brokaw Interests, a California Limited partnership, as to an undivided seventy seven and one-half
percent(77.5%)tenancy in common interest and Sobrato Interests 2, a California limited
partnership formerly known as and who originally took title as Campus Park Associates, a
California limited partnership, as to an undivided tv✓enty two and one-half percent (22.5%)
tenancy in common interest, (hereinafter referred to as "GRANTOR") and the City of Cupertino
(`CITY").
The GRANTOR does hereby grant and convey to the CITY, a Stormwater Facility Management
Easement, as described in Exhibit `B' of this Agreement.
RECITALS:
This Agreement is made and entered into with reference to the following facts:
A. The GRANTOR is the owner of real property and improvements located within the City
of Cupertino, County of Santa Clara, State of California("PROPERTY"), as described in Exhibit
"A" of this Agreement.
FINAL -1- 10/21/03
B. The developer of the property is required to install, operate, and maintain stormwater
management facilities within the PROPERTY. The stormwater management facilities are shown
in the Stormwater Management Plan prepared by Ruth and Going, Inc. and dated January 2,
2013, which plans and any amendments thereto, are on file with the Public Works Department of
the City of Cupertino, California. The CITY has reviewed and approved the Storm Water
Management Plan subject to the execution of this agreement.
C. The GRANTOR, its successors and assigns, shall be responsible for maintenance of these
stormwater management facilities in accordance with the Storm Water Maintenance Agreement
for this facility and the CITY's Stormwater Pollution Prevention and Watershed Protection
Ordinance.
D. The CITY, its successors and assigns, shall at all reasonable times have a right to enter
said easement for the purpose of inspecting, monitoring, modifying, maintaining, 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 not erect nor permit to be erected
any building or structure of any nature whatsoever, nor fill or excavate within said easement
without the CITY's written consent.
F. The GRANTOR will warrant specially said easement and shall execute such further
assurances thereof as may be requisite.
G. In 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 CITY shall execute a release of this Agreement which the
GRANTOR, it successors and/or assigns, shall record with the COUNTY, at its/their expense.
NOW, THEREFORE, the parties hereto agree as follows:
1. Covenants Running With the Land; Property Subject to Agreement: All of the
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 portion 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 benefit of and be binding upon each successor in
interest of the owners 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
FINAL -2- 10/21/03
Owner, tenant or occupant of the said property, or any portion thereof.
2. Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY harmless
of and from any and all claims, liabilities, 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 use of the easement described in Exhibit"B," except to the extent that such
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 consultants.
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 all other
recoverable costs, expenses and damages.
4. Further Documents: The parties covenant and agree that they shall execute such
further documents and instructions as shall be necessary to 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 not fully expressed herein.
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 for the
invalid, unenforceable provisions shall, nevertheless, continue in full force and
effect.
7. No Waiver: The waiver of any covenant contained herein shall not be deemed to
be a continuing waiver of the same or any other covenant contained herein.
8. Amendment: This Agreement may be amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Santa 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 recently duly executed and recorded amendment shall be controlling.
FINAL -3- 10/21/03
Executed the day and year first above written.
GRANTOR:
Sobrato Interests 1 (formerly Brokaw Interests)
SOBRATO INTERESTS 1, a California limited partnership
By: Sobrato Development Companies, LLC,
a Califo 'a limited liability company
Its: General Pa lg.
By: � --
Joh Si1icha i Sobrato
Its: Man.ter
Sobrato Interests 2 (formerly Campus Park Associates)
SOBRATO INTERESTS 2, a California limited partnership
By: Sobrato Development Companies, LLC,
a Califo 'a limited liability company
Its: General Part er
By: A _
Jo fl char Sobrato
Its: M. er
(Notary acknowledgment to be attached)
CITY OF CUPERTINO:
By:
Name: Timm Borden
Title: Director of Public Works
FINAL -4- 10/21/03
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Cupertino, County of Santa Clara,State of California, described as
follows:
PARCEL ONE:
ALL OF PARCEL A, SO DESIGNATED AND DELINEATED ON THE PARCEL MAP RECORDED
AUGUST 20, 1970 IN BOOK 272 OF MAPS, PAGE 5, SANTA CLARA COUNTY RECORDS.
AND, IN ADDITION THERETO, THE FOLLOWING AREA:
ALL OF PARCEL 1,AS SHOWN ON THE PARCEL MAP FILED DECEMBER 7, 1988 IN BOOK 594 OF
MAPS, PAGE 9, SANTA CLARA COUNTY RECORDS.
AND, IN ADDITION THERETO,THE FOLLOWING AREA:
ALL OF PARCEL A,AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD ON MARCH
29, 1977 IN BOOK 391 OF MAPS AT PAGE 46,SANTA CLARA COUNTY RECORDS.
AND, EXCEPTING THEREFROM THE RIGHT TO PUMP,TAKE OR OTHERWISE EXTRACT WATER
FROM THE UNDERGROUND BASIN OR ANY UNDERGROUND BASIN,AS GRANTED BY SKAGGS
PAY LESS DRUG STORES AND TRANSAMERICA TITLE INSURANCE COMPANY TO THE CITY OF
CUPERTINO, BY QUITCLAIM DEED AND AUTHORIZATION RECORDED APRIL 29, 1970 IN BOOK
8905, PAGE 622, OFFICIAL RECORDS.
SAID PARCEL IS SHOWN AS"EXHIBIT C"OF THE LOT LINE ADJUSTMENT RECORDED ON
NOVEMBER 04, 2011 AS INSTRUMENT NO. 21402631, OFFICIAL RECORDS.
Exhibit "B"
Stormwater Facility Maintenance Easement for
Lands of Sobrato Interests 1/Sobrato Interests 2
A Stormwater Facility Maintenance Easement for the purpose of installation, operation,
maintenance, modification, and inspection of stormwater treatment facilities, described as
follows:
All that real property in the City of Cupertino, County of Santa Clara, State of California, being
more particularly described as follows:
Being a portion of Parcel One, Parcel Two, and Parcel Three of Lot Line Adjustment Document
No. 21402631 of Official Records, and further described as follows:
Beginning at the most Southeasterly corner of said Parcel One, said point being the Point of
Beginning; thence South 89°47'00" West 1044.28 feet; thence along the easterly line of Franco
Court North 00°02'52" East 573.21 feet; thence along a curve to the right with a radius of 40.00
feet, through a central angle of 89°44'08", for a distance of 62.65'; thence along the southerly
line of Homestead Road North 89°47'00" East 687.27 feet; thence South 00°13'00" East 320.54
feet; thence North 89°47'00" East 292.38 feet; thence South 00°13'00" East 170.57 feet; thence
North 89°47'00" East 21.99 feet; thence South 00°13'00" East 121.90 feet to the Point of
Beginning.
And, excepting therefrom,the area within 5 feet of the proposed building limits as shown on
Exhibit "B".
Containing 327,000 Square Feet, or 7.51 Acres, more or less.
APN 326-10-066
Prepared by: oegrY }1f
Ruth and Going, Inc. ds'� <hz
2216 The Alameda
Santa Clara, CA 95050 ct No.CO25633
(408) 236-2400P 3-3 13 *�
R+G Job #11-007A 4 `
1 1
Z/0 1.2w
N DE ANZA BLVD (F111i SU NYVALE-SARATOGIAA RD)
:__._______.______b 2'52"W - �_
SO0'02'52"W Z- .
EASEMENT
Iw N316 OR 295
m STREET EASEMENT \ 150' 0 75' 150'
u,N L971 OR 1718 EASEMENT FOR
a I \ ROOF OVERHANG • - I
w oc 1\\ 272 M 5 M
IIwo I \\ 21 ,? GRAPHIC SCALE fnL4ii
�Z 2.9'* )) L8 1 „= 1 50'
7' 2.3'* OINT OF
I - 11I 5' [If: :::::.. ..1 BEGINNING
I:I ...{{ 0.2 I:::::f::J
EX BLDG F.„...1 20'
II 18,203 SF till 1::
I. .... PG&E EASEMENT
I:�:I::� PROP BLDGS 8972 OR 657
II
(::.::1 110,044 SF 1[0
SIDEWALK I::I::1:-::1 J. . *CLEARANCE DISTANCE FROM
I EASEMENT 1:I:I r...}.I.: PROPERTY LINE TO BUILDING
N316 OR 285
10'SANITARY SEV h....I..
I I.. EASEMENT I::1 PG&E EASEMENT
I I : 8803 OR 47 I HHHH I H282 OR 662
I
_
ai
• 9 F. STORMWATER FACILITY
STORMWATERFA ILFTY:' :::::1:I:::a PG&E EASEMENT- :.:. I 1
H360 OR 747 : 1: MAINTENANCE EASEMENT AREA
a g MAINTENANCE: EASEMENT::::::::::::: I:I 1 _ L 8'
•
CD
25.5' :::::..I:1 1--- LINE TABLE
W 1): LINE LENGTH BEARING
:-:.1 L1 1044.28' 589'47'00"W
°o I I I..� I::1. L2 573.21' NOOro2'S2"E
I LQT.Iil .ADJIJSTNENT::.:..:.I.:I:.:f • 1 L3 687.27' N89'47'00"E
ppC.NO;.2iAp2g3�........I.I..I I:J� L4 320.54' 500"13'00"E
m 1:: :32810-066 :.. PG&E EASEMENT-- I: I:•
z �. 656 416.SF.............:I.I L5 292.38' N 89'47'00"E
: 15:03`:AC::::::::::::::::::::::::::I:I::� 8972 OR 657 I: L6 170.57' 500'13'00"E
12 1 L7 21.99' N89'47'00"E
.::I. L8 121.90' , S00'13'00"E
I......: 34.4•' (.1-.-
i 9th I.: .:-: .:-: I.:
I : :: :
I:I9c S 1 :-: .-.-.-.-.-.-.-.-.-.......-.-.....-......1.: .I. CURVE TABLE
1 a 1. SANITARY SEWER 1...::.:I. CURVE RADIUS DELTA LENGTH
45' :1._..__ �1. EASEMENT I::: :- 1 Cl 40.00' 89'44'08" 62.65'
-•-.-�--5'.TYP.. ...........I..I:: I:
�.....�............ J397 OR 2065 1
EX BLDGS ....:.:I.: RpFESSIpy
51,950 SF -::22" 9
I:I:: I.
F�&E:EASEMENT... .. •U:2
L84:8::OR::1559::::I :: r. ����P�L S,y�, et",
fI: t
I. L
Li No. CO29693 73
I.I .. .... 1....... .....- EXP. -31-13/�
1 .- _.-1 ::::::1 EX BLDG -..:.:.:.:.:.L.-.-.,.,I..:.......... .........:.I ♦c ,
.7•.I PROP BLDG
1HLLkJ
f FRANCO CT
:r ir.r.r.,rr:,r,.r..
PG&E EASEMENT i?" Z I rt..
L848 OR 1559 Q:\CIVIL\110078\DWG\EXHIBITS\MAINT_ESMT.DWG
RUTH AND GOING, INC. EXHIBIT "B" — STORMWATER
-}- Civil Engineering Land Surveying FACILITY MAINTENANCE EASEMENT
2216 THE ALAMEDA SANTA CLARA, CA. 95050
c406, 236-2400 HOMESTEAD SQUARE - PHASE 2
Date: 10-11-12 Job #: 11007C Drwn.: RJY _
Dept.:CIVIL Scale: 1"=150' Chkd.: BJS Cupertino California
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
} ss.
County of Santa Clara }
On a — _, 20 /.3 , before me, B.
MAZZONE, a Notary Public in and for said County and State, personally
appeared JOHN MICHAEL SOBRAT()
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her-41444r authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal
S
NOT A RY PUB 'I , STATE OF CALIFORNIA
My ommission #1991894
Expires: October 19, 2016
B.MAllONE
rti* Commission#r 1991894
Notary Publiera- r
\ ^f Santa CountCalifoy nia
Comm.Ex fires Oct 19,2016
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189
cc c: .ercr.�rezPc..rc.Deck^,e:
"NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27383 of the Government Code.
This is to certify that the easement agreement with
20620 Homestead Road
and the City of Cupertino, a governmental agency is hereby accepted by the Public Works
Director, and the grantee consents to recordation thereof by its duly authorized officer.
Dated: March 11, 2013
By: �"" aAnaA/.
Brittany Carey
City Clerk's Offi