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E-787 Stormwater Management Facility Easement agreement, 20080 Stevens Creek Blvd, 10093 & 10095 S. Blaney Ave APN 369-03-009 DOCUMENT: 22628166 Pages: 11 RECORDING REQUESTED BY: Fees. . . . No Fees i 'City of Cupertino Taxes. . . � Copies. . AMT PAID WHEN RECORDED,MAIL TO: REGINA AL.COMENDRAS RDE # 025 City Clerk's Office SANTA CLA,RA COUNTY RECORDER 6/23/2014 City of Cupertino Recorded at the request of 2: 15 PM 10300 Torre Avenue C i t y 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 20080 Stevens Creek Blvd, 10093 S. Blaney Ave. & 10095 S. Blaney Ave. APN 369-03-009 Original 0 For Fast Endorsement r «NO FEE" b 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 20080 Stevens Creek Blvd, 10093 S. Blaney Ave. & 10095 S. Blaney Ave. 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: June 19, 2014 By: Andrea Sanders City Clerk's Office D RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT APN 369-03-009 20080 Stevens Creek Blvd, 10093 S. Blaney Ave. & 10095 S. Blaney Ave. Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this M day of �.r�nt , 201�,by Preg Biltmore, a California limited partnership, (hereinafter referred to as "GRANTOR") and the City of Cupertino ("CITY"). The GRANTOR does hereby grant and convey to the CITY, a Stonnwater 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 Stonnwater Management Plan prepared by BKF Engineers and dated July 31, 2013, which FINAL -1- 10/21/03 '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 Stonnwater 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 Stonnwater 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 Lane; Property Subject to Agreement: All of the real property described in Exhibit"A" shall be subject to this Agreement. It is intended and detennined 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 properly 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 hannless 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 FINAL -2- 10/21/03 or related to the use of the easement described in Exhibit"B," except to the extent that such claims, liabilities, action:;, 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 da nages. 4. Further Documents: The parties covenant and agree that they shall execute such further documents and instruction:; 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 e Executed the day and year first above written. (GRANTOR) Preg Biltmore, a California limited partnership By: SUNSET RIDGE DEVELOPMENT CO.;. INC. a California corporation, Its genes I partner By: Name: Jona a Moss Title: Vice res dent (Notary Ac o ledgment to be attached) CITY OF CUPERTINO By: - Name: F Title: FINAL -4- 10/21/03 'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 ( State of California c, County of J-,6� On .56'Lo�� before me, ( Date Here InsertfName and Title of A Officer c, personally appeared sS Names)of Signer(s) who proved to me on the .basis of satisfactory evidence to be the person whose name (� subscribed to the within in rument and ack ow edged to me that Frei etttey executed the same in herAb& authorized capacity, and that by hi i' r si nature � on ifie instrument the ` LEANN L.SLATER ��r'/�4�rer 9 ) Commission 1.991577 person or the ep ity upon behalf of which the :�' Notary Public-California Z personff acted, executed the instrument. i San Mateo County D e My Comm.Expires Oct 15,2016 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (� WITNESS my hand ff s 1. Signature: Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it niay prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. (� Description of Attached Document Title or Type of Document: Document Date: Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Individual ❑ Individual ja ❑ Partner — ❑Limited ❑General Top of thumb here ❑ Partner — ❑ Limited ❑General Top of thumb here ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: k c�v`�`L�' '' ' ''..�•�`!��'�:`�-��~`t"'L%C..�' . .y .r �,`�%C�`N%G."�%<i"�'C.'�%'v'`�-�G':�����`C'.4'�`C-�S��`uC`E%�.``�� .~'�"�=�.`�%C.�"`t�C:` "LY ©2010 National Notary Association•National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 it A txhlbl' A Real property in the City of Cupertino, County of Santa CIM, State of California, described as follows: Being all of Parcel One of the lands described in that certain Grant Deed, conveyed from Robert McDonald Erring and Elizabeth Doran (formerly Elizabeth D.Erving),trustees of The Robert McDonald Erving and Elizabeth D. Erving Trust to PREG BILTMORE, a California limited partnership, recorded February 29, 2012 as Document No_ 21555832, Off cial Records of Santa Clara County and being also all of Parcels 1, 2 and 3, as said Parcels are described in that certain Giant Deed, conveyed from Ronald W. Lackey, 'Trustee of the Lackey Family Trust dated December 20, 1993, Betty Lackey, Trustee of the Lackey Family Trust dated December 20, 1993, Bill Mendenhall, Trustee of the Bill Mendenhall 1999 Trust, and DPT Schmidt Trust, a ,Nevada corporation to PREG BILTMORE, a. California limited partnership, recorded October 03, 2011 as Document No. 21345978, Official Records of said County, more particularly described as follows: BEGS NING at the northwesterly comer of Parcel One of said lands of-PREG BILTMORE (Doc.. 21555832),said corner being also a point on the southerly line of Stevens Creek Boulevard, as said corner and said southerly line are shown on that certain Record'of Survey, filed for Record on.September 10, 1968 in Book 242 of Maps at Page 19,Records of Santa Clara County; _ Thence leaving said corner and along said southerly line of Stevens Creek Boulevards North 89°54'00" East 351.51 feet to the northeasterly corner of.Parcel 1 of said lands of PREG BILTMORE (Doc. 21345978); Thence leaving said comer and along the easterly line of said Parcel 1 of said lands (Doc. 21345978), South, 160.00 feet to an angle point thereof; Thence leaving said point and along the northerly line of said Parcel 1 of'said lands (Doc.. 21345978), North 89°54'00" East, 125.00 feet to the westerly line of Blaney Avenue, as said line is shown on said Record of Survey(242 M 19); Thence along said westerly line of Blaney Avenue, South, 178.65 feet to the southeasterly corner of Parcel 3 of'said lands of PREG BILTMORE(Doc. 21345978); Thence leaving said corner and along the southerly line of said Parcel 3 of said lands (Doc. 21345978), South 8054'00" West, 476.51 feet to the southwesterly corner of said Parcel One of said lands (Doc. 215.55832); Thence leaving said corner and along the westerly line of said Parcel One of said lands (Doc.. 21345978), North,.338.65 feet to the Point ofBEGINNIING. Parcel A contains an area of 3.245 acres,more or less. May 19, 2014 Mal K F BKF No. 20117101 ENGINE E.RSf SURVEYORS�PLAN NE:RS Page 1 of 1 EXH1131T"B" Legal Description STORMWATER MANAGER ENT FACILITY EASEMENT PREG BILTMORE Real property in the City of Cupertino, County of Santa Clara, State of California, described as follows: Being all of the land as described in that certain Grant Deed, conveyed to PREG Biltmore, a California limited partnership, recorded June 26. 2013 as Document No. 22278606, Official Records of Santa Clara County. Containing an area of 3.245 acres,more or less. Being also Assessor's Parcel Number 369-03-009 per Roll Year 2013-2014. As shown on EXIIIBIT"II"attached hereto and by this reference made a part hereof. For: BKF Engineers C(KOROYAN p By. John Koroyan �� N P.L.S.No. 8883 Dated: �qy /g, 3g3 F C Ch J D I STEVENS CREEK BOULEVARD `n (FOZERLY STEVENS CREEK ROAD) N89'54'00"E :551.51' 0 o CHEUK 2 CUPERTWO ° LIVING TRUST 30' 30' STEYEM LLC cD DOC. 19220.31 = PCLS. ONE & TWO I DOC. 18008783 PREG BILTMORE o DOC:. 22278606 cn W co APN 369-03-009 " ' Z Cd re) N89 54 00 E 125.00 W AREA OF STORMWATER , < °z MANAGEMENT f�ACIUTY EASEMENT LO ( w AREA = 3.245 ACRES f co Z PARCEL A r ROS 242 M J9 O N I S89"54'00"W 476.51' LAKE BILTMORE PARCEL J o APARTMENTS H521 O.R. 169 282 M J2 r, �Q LAND q U APN 369-03-008 JOHN °� 0 50 100 200 KOROYAN No.8883 (SCALE IN FEET) l � EXHIBIT 991390. PLAT TO ACCOMPANY K:\Sur11\117101\DWG\PLATS\Stormwater—MFE.dwg LEGAL DESCRIPTION ,,.,. 1650 TECHNOLOGY DRIVE Subject STORMWATER MANAGEMENT FACILITY SUITE 650 EASEMENT PREG BILTMORE SAN JOSE, CA 95110 Job No. 20117101 CUPERT I NO, CALIF. m B k F 408-467-9100 By MDB Date 05-19-14 Chkd. JVK ;' '� 408-467-9199 (FAX) SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On �Vkle_ �� . ?�� Y before me, Date Name a, Title of the Officer personally appeared -7—r o" 04 Name(s) of Signer(s) who proved to me on the basis of satisfac pry evidence to be the person whose name�K is re subscribed to the within instrument and acknowledged Ai me that (1iie he/they executed the same in Sher/their authorized capacity(i , and that by /her/their si nature on thbinstrument the 9 (� KIRSTEN RENEE SUUARCIA person(K,, or the entity upon behalf of which the _ Commission # 1906898 person(4 acted, executed the instrument. Notary Public -California z Z Santa Clara County Z �4;. I certify under PENALTY OF PERJURY under the laws -" My Comm. Expires Oct 4,2014 of-:he State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Sicinature: fie ! Signature of Notary kdblic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: -a tr�•� '>� Document Date: TOE e- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907