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E-785 Stormwater Management agreement, Main Street Cupertino, APNS 316-20-078, 079, & 085 DOCUMENT: -- --- - - - - -- '� 22567430 Pages. �g RECORDING REQUESTED BY: I 1 City f Cupertino I I Taxes. No Fees y p Copies. . _ WHEN RECORDED,MAIL TO: - AMT PA I D REGINA ALCOMENDRAS City Clerk's Office SANTA CLARA COUNTY RECORDER RDE #4/14/2014 City of Cupertino Recorded at the request of 10300 Torre Avenue City 12:24 PM Cupertino, CA 95014-325.5 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT Main Street Cupertino APN 316-20-•0789 079 & 085 ,X-Original 0 For Fast Endorsement r RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT APNS 316-20-078, 079 & 085 Main Street Cupertino THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this`1-/ day of ffla.rc,h , 2014, by Main Street Cupertino Aggregator, LLC, a Delaware limited liability company, (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. 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 Sandis Civil Engineers and dated August 2013, which plans and any amendments thereto, are;on file with the Public Works Department of the FINAL -1- 2/6/14 City of Cupertino, California. The CITY has:reviewed and approved the Storm Water Management Plan subject to the execution ofthis 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, rnonitoring, 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 detennine 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 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 FINAL -2- 2/6/14 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 attonieys' 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 mai:ter 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- 2/6/14 Executed the day and year first above written. Main Street Cupertino Aggregator, C a Delaware limited liability company By:_ n/ '. a£ r 1 Name: Tim n� Title: f,- h16,W gi (Notary Acknowledgment to be attached) CITY OF CUPERTINO By: Name: Timm Borden Title: Director of Public Works FINAL -4-- 2/6/14 i CALIFORNIA ALL-PURPOSE CERT'IFICA'TE OF ACKNOWLEDGMENT I State of California County of On D—/to&L before me, A 7A- -g i al -Lit , r 7 (Here insert name anA title <the-officer) personally appeared L7LK who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aWsubscrfbed to the within instrument and acknowledged to me that he%sWkeSy executed the same in his/lye60adr authorized capacity(ies), and that by his/l/tbc'i_r 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. KATIE YAO Commission # 1914559 WITNESS my hand and official seal. z :°t Notary Public -California z Z e' zj San Mateo County > f My Comm. Expires Dec 5, 2014 Signature of Notary'Pu•tic( (Notary Seal) i ' ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM f Airy acknowledgment completed in Colrfo Irma inust co?.itain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the,notary section or a separate aclrnowledgrnent forrrr must be properly completed and attached to that document. The only exception is i f a document is to be recorded outride of Califrn•nia.In such instances, any alternative (Title or description of attached document) acknowledgment verbiage as niay be pPinled on such a document so long as the der•biage,does,not require the notary to do something that is illegal frig a notary in Cdlifonria 6 e. ce'Itbiing the mrtborized•capacity of the.signer). Please check the (Trite or description of attached document continued) document carefully fm•prayer notarial wording and attach This jor rn jrequired. • Slate and County information.must be the State and County where the document Number of Pages Document Date signer(s)personally appeared be-fore the notary P ublic for acknowledgment. e Date of notarization must be the date that the.signer(s)personally appeared which must also be the same date the acknowledgment-is completed. (Additional information) e The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print One name(s) of document signer(s) who personally appear at the time of notarization. i CAPACITY CLAIMED.BY THE SIGNER e Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/they-is/ere)or circling(he, forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer o The notary seal impression must be clear and photographically reproducible. Impression must_no�cover text or lines. if seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complctc a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the,county clerk. El Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgmentis not misused or attached to a different document. ❑ Otber 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 corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ��rc-;C.i-:l',c-�'.cIJM„c-�C.cY`.c:C`;.c,f`.c�C`.c'l".c':Ct<�C'.czl"•cf`.c-Y>.c-:f`.c-:l`.c=zlte:.(`,c�C'.cf`.GC;rc(>.c�(3cY•'.i;<7c-�(:cf>.c:,C>.c-:�'.c:<>.r:(`.<�C>':.c`C`.c(`.�sC>.c;(`•c`C`.c�l`„C,c;C`.cl.«2c=.!`,clti7�;Y State of California 3 ` County of ak rA (� On 40eil 2o I Vbefore me, 1, P-.e " e.e No+w Pub If (, ; Date Here Insert Name and Title of the Officer ( personally appeared �nn 1�1 �o t Name(s)of Signer(s) 2 ,,• who proved to me on the basis of satisfactory evidence to be the personJs)• whose name re subscribed to the within instrument and acknowledged t me that f Qhe/they executed the same in h- her/their authorized capacity), and that by �0/her/their signature(al on the instrument the persow, or the entity upon behalf of which the i pE)rso*) acted, executed the instrument. �* KIRSTEN RENEE SOUARCIA . I certify under PENALTY OF PERJURY under the = w Commission# 1906898' Ia1NS of the State of California that the foregoing =-m z 9 9. Z : Y� Notary Public -California D petragraph is true and correct. Santa Clara County t' My Comm. Expires Oct 4,2014+ ) WITNESS my hand and official seal. fi fi fi(� Signature: i Place Notary Seal Above Signature.of Notary Public J fi OPTIOWL Though the information below is not required by law, it may prove valuable to persons relying on the document fi and could prevent fraudulent removal and reattachment of this form to another document. (' Description of Attached Document t Title or Type of Document:-S710.-," Sea/IX/'�a.�a�r c .. L� )4. ca-e i* // ✓ 1 Document Date: 2 7 /Y Number of Pages: Signer(s) Other Than Named Above: Pe-4e,- «v fi Capacity(ies) Claimed by Signer(s) t fi Signer's Name: Signer's Name: fi ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Individual El Individual ❑ Partner—❑Limited ❑General, Top of thumb here ❑ Partner—❑ Limited ❑General Top or thumb here ❑ Attorney in Fact ❑Attorney in Fact ) ❑ Trustee ❑Trustee fi ❑ Guardian or Conservator ❑Guardian or Conservator fi ❑ Other: ❑Other: fi fi Signer Is Representing: Signer Is Representing: fi fi ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT"A" TRACE" NO. 10172 MAIN STREET CUPERTINO OVERALL PROPERTY BOUNDARY ALL THAT CERTAIN REAL PROPERTY LYING IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING PARCEL B OF DOCUMENT NUMBER 15128280, PARCEL A OF DOCUMENT NUMBER 22385299,ALL IN SANTA CLARA COUNTY RECORDS, TOGETHER WITH THAT PORTION OF FINCH AVENUE LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF STEVENS CREEK BOULEVARD,AND SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF VALLCO PARKWAY,AS SHOWN ON THE PARCEL MAP FILED ON AUGUST 3, 1987 IN BOOK 576 OF MAPS AT PAGES 31 AND 32, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL B; THENCE NORTH 00 024'00"WEST ALONG THE WEST LINE OF SAID PARCEL B,A DISTANCE OF 527.77 FEET; THENCE.NORTH 88 054'46' EAST ALONG THE NORTH LINE OF SAID PARCEL B,A DISTANCE OF 195.49 FEET; THENCE NORTH 01 005'14"WEST ALONG THE WEST LINE OF SAID PARCEL B,A DISTANCE OF 304.23 FEET TO A NON TANGENT INTERSECTION WITH THE.ARC OF A CURVE, CONCAVE TO THE SOUTHWEST, IN THE SOUTHERLY LINE OF VALLCO PARKWAY; THENCE SOUTHEASTERLY ALONG THE SOITHERLY LINE OF VALLCO PARKWAY AND ALONG THE ARC OF SAID CURVE, TO THE RIGHT,WHOSE CENTER BEARS SOUTH 03 020'52"WEST FROM SAID POINT OF INTERSECTION,WITH RADIUS OF 595.00 FEET AND CENTRAL ANGLE OF 28 024'31" FEET, FOR AN ARC DISTANCE OF 295.02,FEET TO A POINT OF TANGENCY; THE SOUTH 58014'37' EAST ALONG THE:SOUTHERLY LINE OF VALLCO PARKWAY,.A DISTANCE OF 503:70 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHEAST; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF VALLCO PARKWAYAND ALONG THE ARC OF SAID CURVE, TO THE LEFT,WITH RADIUS OF 705.00 FEET AND CENTRAL ANGLE OF 32 013'39", FOR AN ARC DISTANCE OF 396.55 FEET TO A POINT OF TANGENCY; THENCE NORTH 89 031'44" EAST ALONG THE SOUTHERLY LINE OF VALLCO PARKWAY,A DISTANCE OF 215.03 FEET TO THE POINT 01=CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG THE ARC; OF SAID CURVE, TO THE RIGHT,WITH RADIUS OF 25.00 FEET AND CENTRAL ANGLE.OF 90000'00" FOR AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY; 1 OF 3 THENCE SOUTH 00 028'16" EASTALONG THE WEST LINE OF TANTAU AVENUE, A DISTANCE-OF 277.00 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE; CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT,WITH RADIUS OF 50.00 FEET AND CENTRAL ANGLE OF 90 000'00"FOR AN ARC DISTANCE OF 78.54 FEET TO A POINT OF TANGENCY; THENCE SOUTH 89 03144"WEST ALONG THE NORTH LINE OF STEVENS CREEK BOULEVARD,A DISTANCE OF 304.37 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE SOUTH; THENCE WESTERLY ALONG THE NORTH LINE OF STEVENS CREEK BOULEVARD,AND ALONG THE ARC OF SAID CURVE, TO THE LEFT, WITH RADIUS OF 2000.00 FEET AND CENTRAL ANGLE OF 4°57'49" FOR AN ARC DISTANCE OF 173.26 FEET TO A TANGENT INTERSECTION WITH THE ARC OF A REVERSE CURVE, CONCAVE TO THE NORTHWEST; THENCE WESTERLYALONG.THE NORTH LINE OF STEVENS CREEK BOULEVARD,AND ALONG THE ARC OF SAID CURVE, TO THE RIGHT,WITH RADIUS OF 2000.00 FEET AND CENTRAL ANGLE OF 4 057'49" FOR AN ARC DISTANCE OF 173.26 FEET A POINT OF TANGENCY; THENCE SOUTH 89,031'44"WEST ALONG THE NORTH LINE OF STEVENS CREEK BOULEVARD,A DISTANCE OF 419.21 FEET ; THENCE SOUTH 89 036'00"WEST ALONG THE NORTH LINE OF STEVENS CREEK BOULEVARD, A DISTANCE OF 392.96 FEET"f0 THE POINT OF BEGINNING. CONTAINING 814,600 SQUARE FEET OR 18,70 ACRES, MORE OR LESS. EXCEPTING THEREFROM THE UNDERGROUND WATER WITH NO RIGHT OF SURFACE_ ENTRY AS GRANTED TO CALIFORNIA WATER COMPANY, BY DEED RECORDED DECEMBER 7, 1987 IN BOOK K381 OF OFFICIAL RECORDS, PAGE 1279. THE LAND DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLAT, EXHIBIT"A"SHEET 3 OF 3,AND IS BY REFERENCE, MADE A PART THEREOF. February 4, 2014 FILE;212097 BOUNDARY.013114.doc AL C Ailo 0. PLj p; mo. 704 7 Exp. 12/31/14 L, G L' L/- 20F3 1 LOT J, TRACY No, 96,55 .-LANDS OF M-r-TPOPOLITAN A-f 45" Cup-rR-*fJJND CONDWAiNflim Noo* 4,00"1 i1 527.77' PARjC5L I cf) zYrr?A,C-r No, U) PARCEL 00 co .9 9� 'LANDS 6F tLIPERTMO C5 PROPERT' y 55' 55' lifi z — r A F)J U S1 M—,r',\j-f rn� DEM15LOPMENY 1, LLc z W DOC, No, 5'14"W 304.23' 0 1 "o .5 12 J-7 2:J-7 0 to i". M 0, 5.949± ACRES tiro -INCH F --_, V Co Q, A Q� Ln �1297 ACRES M co SCALE: 1"=200' TO BE VACATED > cb PARCEL A /cw 4 LOT LJJ\J—r AbJLISTJM�hT ov LDOC, JWQ, 2—;)3.,j-52qq- CURVE TABLE CD CD 11.454± ACRES C), C) IL,Z1t1=3U.0 C1 =50,00 can C;� cs- C) 1c.1 M PLS o W.cc cn 4( NO. 7047 Exp. 1213-1114 J, 03 CD 41 Ln c" 41 60, 4 S00.'28'16" 277700 c--TANTAU AV[—:NUI A PLAT TO ACCOMPANY LEGAL DESCMPTION EXHIBIT "A" DAIE: 2-4-L, CIVIL ENGINEERS SHEET SURVEYT 5CAE: 1"-200' SANDIPS1 PLANNER G- - MAIN STREET CUPERTINO WNN j; cW1B A.'�WWID: PROPERTY BOUNDARY 936 E.Duane Avenue I Sunnyvale,CA 94085 1 P.408.6M.O9OO 1 F.408.636.0999 1 www.sandL.not UAVX�G l,110_ CUPERTINO, CALIFORNIA SUNNYVALE ROSEVILLE OAKLAND 21.20.97 of 3 SHEETS 212097 EXHIBIT 166 MAIN STREET CUPERTINO STORMWATER MANAGEMENT FACILITY EASEMENT LEGAL DESCRIPTION AREA 1 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARAAND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B OF DOCUMENT NUMBER 15128280, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL B, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COURSE WHOSE BEARING IS NORTH 00 024'00"WEST WITH A DISTANCE OF 527.77 FEET; THENCE NORTH 15 028'59" EAST A DISTANCE OF 215.93 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 024'00"WEST A DISTANCE OF 115.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 45.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF '1.15.00 FEET; THENCE SOUTH 89 036'00"WEST A DISTANCE OF 45.00 FEET TO THE POINT OF BEGINNING. AREA 2 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B OF DOCUMENT NUMBER 15128280, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL B, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COURSE WHOSE: BEARING IS NORTH 00 024'00"WEST WITH A DISTANCE OF 527..77 FEET; THENCE NORTH 39 041'58" EAST A DISTANCE OF 272.77 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 024'00"WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 40.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89 036'00"WEST A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. AREA 3 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL B OF DOCUMENT NUMBER 15128280, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT THE SOUTHWEST CORNER 01=SAID PARCEL B, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COURSE WHOSE: BEARING IS NORTH 00 024'00"WEST WITH A DISTANCE OF 527.77 FEET; THENCE NORTH 89 036'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL B,A DISTANCE OF 152.34 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 036'00" EAST ALONG THE SOUTH LINE OF SAID PARCEL B,A DISTANCE OF 170.00 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE.ARC OF SAID CURVE, TO THE LEFT,WITH RADIUS OF 25.00 FEET AND CENTRAL ANGLE OF 90 006'10", FOR AN ARC DISTANCE OF 39.31 FEET TO A POINT OF TANGENCY; THENCE NORTH 00 030'10"WEST A DISTANCE OF 24.96 FEET; TEHNCE SOUTH 89 036'00"WEST A DISTANCE OF 49.96 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 25.00 FEET; THECEN SOUTH 89 036'00"WEST DISTANCE OF 145.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF x'5.00 FEET TO THE POINT OF BEGINNING. AREA 4 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF THE RIGHT OF WAY OF FINCH AVENUE,AS SHOWN AND DEDICATED ON THE PARCEL MAP FILED AUGUST 3, 1987 IN BOOK 576 OF MAPS,AT PAGES 31 AND 32, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF PARCEL B OF DOCUMENT NUMBER 15128280, SANTA CLARA COUNTY RECORDS, SAID POINT BEING THE SOUTHERLY TERMINUS OF THE COURSE WHOSE BEARING IS NORTH 00 024'00"WEST WITH A DISTANCE OF 527.77 FEET; THENCE NORTH 77 051'27" EAST A DISTANCE OF 363.66 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 024'00"WEST A DISTANCE OF 40.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 40.00 FEET; THENCE SOUTH 89 036'00"WEST A DISTANCE OF x:0.00 FEET TO THE POINT OF BEGINNING. AREA 5 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF DOCUMENT NUMBER 22385299, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER OF SAID PARCEL A, SAID POINT BEING THE WESTERLY TERMINUS OF THE COURSE WHOSE BEARING IS SOUTH 89 031'44"WEST WITH A DISTANCE OF 363.80 FEET; 2 THENCE NORTH 01°30'41" EAST A DISTANCE OF 246.39 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 024'00"WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 50.00 FEET; THENCE SOUTH 89 036'00"WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. AREA 6 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF THE RIGHT OF WAY OF FINCH AVENUE,AS SHOWN AND DEDICATED ON THE PARCEL MAP FILED AUGUST 3, 1987 IN BOOK 576 OF MAPS,AT PAGES 31 AND 32, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER OF PARCEL B OF DOCUMENT NUMBER 15128280, SANTA CLARA COUNTY RECORDS, SAID CORNER BEING THE EASTERLY TERMINUS OF THE COURSE WHOSE BEARING IS NORTH 88 054'46"EAST WITH A DISTANCE OF 195.46 FEET; THENCE NORTH 74 001'50" EAST A DISTANCE OF !47.66 FEET TO THE POINT OF BEGINNING; THENCE NORTH 24 045'23" EAST A DISTANCE OF 50.00 FEET; THENCE SOUTH 65 014'37" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 24 045'23"WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 65 014'37"WEST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. AREA 7 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF DOCUMENT NUMBER 22385299, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT CORNER OF PARCEL B OF DOCUMENT NUMBER 15128280,SANTA CLARA COUNTY RECORDS, SAID CORNER BEING THE EASTERLY TERMINUS OF THE COURSE WHOSE BEARING IS NORTH 88054'46" EAST WITH A DISTANCE OF 195.46 FEET; THENCE NORTH 89 010'12" EAST A DISTANCE OF 301.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 24 045'23" EAST A DISTANCE OF 100.50 FEET; THENCE NORTH 62 020'15" EAST A DISTANCE OF 75.65 FEET; THENCE SOUTH 27 039'45" EAST A DISTANCE OF 35.00 FEET; THENCE SOUTH 62020'15"WEST A DISTANCE OF 63.74 FEET; THENCE SOUTH 24 045'23"WEST A DISTANCE OF 88.59 FEET; 3 THENCE NORTH 65 014'37"WEST A DISTANCE OF'35.00 FEET TO THE POINT OF BEGINNING. AREA 8 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF DOCUMENT NUMBER 22385299, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER OF SAID PARCEL A, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COURSE WHOSE BEARING IS SOUTH 00°28'16" EAST WITH A DISTANCE OF 277.00 FEET; THENCE SOUTH 89 040'52"WEST A DISTANCE OF 506.61 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 036'00"WEST A DISTANCE OF 25.00 FEET; THENCE NORTH 00 024'00"WEST A DISTANCE OF 50.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 25.00 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. AREA 9 AN EASEMENT RUNNING OVER ALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING A PORTION OF PARCEL A OF DOCUMENT NUMBER 22385299, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER OF SAID PARCEL A, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COURSE WHOSE BEARING IS SOUTH 000:28'16" EAST WITH A DISTANCE OF 277.00 FEET; THENCE SOUTH 78 005'35"WEST A DISTANCE OF 521.14 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 036'00"WEST A DISTANCE OF '12.50 FEET; THENCE NORTH 00 024'00"WEST A DISTANCE OF;25.00 FEET; THENCE NORTH 89 036'00" EAST A DISTANCE OF 12.50 FEET; THENCE SOUTH 00 024'00" EAST A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING. AREA 10 AN EASEMENT RUNNING OVERALL THAT CERTAIN REAL PROPERTY IN THE CITY OF CUPERTINO, COUNTY OF SANTA CLARA AND STATE OF CALIFORNIA, BEING PORTION OF PARCEL A OF DOCUMENT NUMBER 22385299, SANTA CLARA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CORNER OF SAID PARCEL A, SAID POINT BEING THE NORTHERLY TERMINUS OF THE COURSE WHOSE BEARING IS SOUTH 00°!8'16"EAST WITH A DISTANCE OF 277.00 FEET; THENCE SOUTH 46 036'10"WEST DISTANCE OF;22.41 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 028'16" EAST A DISTANCE OF 13.00 FEET; 4 THENCE SOUTH 89 031'44"WEST A DISTANCE OF 23.00 FEET; THENCE SOUTH 00 028'16" EAST A DISTANCE OF 45.00 FEET; THENCE SOUTH 89 031'44"WEST A DISTANCE OF 73.00 FEET; THENCE NORTH 00 028'16"WEST A DISTANCE OF 45.00 FEET; THENCE SOUTH 89031'44"WEST A DISTANCE OF 23.00 FEET; THENCE NORTH 00 028'16"WEST DISTANCE OF 16.00 FEET; THENCE NORTH 89 031'44" EAST A DISTANCE OF 119.00 FEET TO THE POINT OF BEGINNING. THE LAND DESCRIBED HEREON IS SHOWN ON THE ATTACHED PLATS, EXHIBIT"B", AND IS BY REFERENCE, MADE A PART THEREOF. February 25, 2014 FILE:212097 Storm Facilities.022014.doc \pyp,l lAP/p �0C,`D f PV\p V1. BE �G� a PLS o NO. 7047 Exp. 12/3 1/14 T�rF of A� 5 LEGEND POB POINT OF BEGINNING N \ coAq POC POINT OF COMMENCEMENT I o "' qY GRAPHIC SCALE 0 20 40 60 80100 1 inch = ioo ft. I POB °° AREA 6 PAPC-P'I 1, TRACT NO, 100-4-4f LANDS Cr CJPrRr1ND PROPErRrY DrV-rLJPTi1p'N r 1, LLC N88°54'46"E 195.49' - / POC (TIE) N89°10'12"E 301.50' POB P.U.E. TO BE PARCEL B AREA 7 I DEDICATED ON DOC. N0. 15128280 TRACT MAP ° 5.949± ACRES / PARCEL A i� 0. - DOC#22385299 � - I oo ��, 0 11.454± ACRES w � L1 00 o 03 L19 0 ¢ rr i to U 00 0 Z) 7 O J . J / J Q d r o _ L6 I L21 cz�LtT Lo m I o L3 J 1-8 J rn - 38--38'- ¢ POB A EA 2--f I m I N of i,�, //N /<� oI �5� a) Io P.U.E. TO BE PO EA 4 - z I DEDICATED ON z / � J I z TRACT MAP POC 1 I /�� / "E 363 — — 1.12 L17 ° Lu T00'� 0.62 _ POC 2 N89°36'00"E 392.96' - S89 731'47w 363.8 �� POB AREA 3 STEVENS CREEK BOULEVARD PLAT TO ACCOMPANY LEGAL DESCRIPTION _ EXHIBIT B DATE: 2/25/14 SHEET Q S A N D I S C'Y,L INOINpNS SCALE: 1"=100' STORMWATER MANAGEMENT u�vero,S @ .L�NNLYS DRAWN BY: RMS FACILITY EASEMENT APPROVED BY: DWB 936 F-Mom Ave.I Sunk,U94085.E P.40&&96.0900 I F.40&&3&0999I wr .wndl&net DRAWING NO.: SUNNYVALE ROSEVILLE OAKLAND 212197 CUPERTINO CA OF 3 sHEBrs y LEGEND GRAPHIC SCALE POD POINT OF BEGINNING 0 20 40 60 80100 POC POINT OF COMMENCEMENT 1 inch = 10o ft. 'r4 N V. S O0, 34 �;3�6.s`, a_ VALLCO PARKWAY pOC 4 32 13'39" Lo Lo � 0 a N89°31'44"E 215.03' w J J e Iw - - - - - - - - - - - -- — — — — Z 1-3 - - - - - - -2 (TIE) S89°40 r 52 n W 506.61' POB _ - - AREA 8 X1-3 L39_ „05 35' 52 � I L361 P0B PARCEL A /, o AREA 9 DOC#22385299 /'\Q) 11.454± ACRES P08 AREA '10 / I 00, L47 / I° I L4 C,, L41 P.U.E. TO BE J .J DEDICATED ON 37.5' 37.5' TRACT MAP L43— A=4°57'49” S89°31'44"W 304.37' 0 STEVENS CREEK BOULEVARD ;a PLAT TO ACCOMPANY LEGAL DESCRIPTION _ EXHIBIT B DATE: 2/25/14 SHEET Q S A N D I S `rY'L faarYffaf SCALE: 1"=100' STORMWATER MANAGEMENT fuaveroaf DRAWN BY: RMS FACILITY EASEMENT q �L�YYfff A APPROVED BY: DWE3 936 E Duane Ave.I Sunnyvale,CA 94085 1 R 408b340900 I F.408b36MM I vr�. ndls.nYt DRAW ING NO.: SUNNYVALE ROSEVILLE OAKLAND 212197 CUPERTINO CA OF 3 SHEETS LINE TABLE LINE TABLE CURVE TABLE BEARING DISTANCE BEARING DISTANCE RADIUS LENGTH DELTA L1 N89'36'00"E 45.00' L26 N24'45'23"E 100.50' Cl 25.00' 39.31' 90'06'10" L2 S00'24'00"E 115.00' L27 N62'20'1 5"E 75.65' C2 25.00' 39.27' 90'00'00" L3 S89'36'00"W 45.00' L28 S27'39'45"E 35.00' C3 50.00' 78.54' 90'00'00" L4 N00'24'00"W 115.00' L29 S62'20'15"W 63.74' L5 N00'24'00"W 20.00' L30 S24'45'23"W 88.59' L6 N89°36'00"E 40.00' L31 N65'1 4'37"W 35.00' L7 S00'24'00"E 20.00' L32 S89°36'00"W 25.00' L8 S89'36'00"W 40.00' L33 N00'24'00"W 50.00' L9 S00'24'00"E 25.00' L34 N89°36'00"E 25.00' L10 S89'36'00"W 145.00' L35 S00'24'00"E 50.00' L11 S00°24'00"E 25.00' L36 S89'36'00"W 12.50' L12 S89'36'00"W 49.96' L37 N00'24'00"W 25.00' L13 N00'30'10"W 24.96' L38 N89'36'00"E 12.50' L14 N00'24'00"W 40.00 L39 S00'24'00"E 25.00' �A��a L15 N89'36'00"E 20.00' L40 S00'28 16'E 16.00' sv¢y!vJ. L16 S00'24'00"E 40.00' L41 S89'31'44"W 23.00' a PAS o NO. 7047 L17 S89'36'00"W 20.00' L42 S00'28'1 6"E 45.00' Exp. 12/31/14 L18 N00'24'00"W 50.00' L43 S8931'44"W 73.00' r F A`1�o���P L19 N89'36'00"E 25.00' L44 N00'28'1 6"W 45.00' L20 S00'24'00"E 50.00' L45 S89'31'44"W 23.00' %J L21 S89'36'00"W 25.00' L46 N00'28'1 6"W 16.00' L22 N24'45'23"E 50.00' L47 N89'31'44"E 119.00' L23 S65'1 4'37"E 25.00' L24 S24'45'23"W 50.00' L25 N65'14'37"W 25.00' PLAT TO ACCOMPANY LEGAL DESCRIPTION _ EXHIBIT B DATE: 2/25/14 SHEET Q CIVIL aN0lMalaf SCALE: =100 STORMWATER MANAGEMENT fuavavoaf S A N D I S @ ►L11Maaaf DRAWN BY: RMS FACILITY EASEMENT Fi APPROVED BY: DW13 936EDuane Ave. Sunnyvak,U9908S P.408M09W F:4OU3Q0"9 I vww. ndli.nm DRAWING NO.: CUPERTINO CA % SUNNYVALE ROSEVILLE OAKLAND 212197 OF 3 SHEETS ,NOD 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 Main Street Cupertino 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: April 8, 2014 By: Ai- 6drea San��_e�: City Clerk" t' ice