CC Resolution No. 10-204Stormwater Management Facility Easement AgreementRESOLUTION NO. 10-204
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF A STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT, BLANEY VENTURE, LLC, A CALIFORNIA LIMITED
LIABLITY COMPANY, 790 SOUTH BLANEY AVENUE, APN 369-11-048
WHEREAS, there has been presented to the City Council a proposed stormwater
management facility easement agreement between the City of Cupertino and owner,
Blaney Venture, LLC, a California Limited Liability Company, 790 South Blaney
Avenue, APN 369-11-048, 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 regular meeting of the City Council of the City of
Cupertino this 1 st day of November, 2010, by the following vote:
Vote Members of the City Council
AYES:
Wang, Wong, Chang, Mahoney, Santoro
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST: APPROVED:
City Clerk
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
790 South Blaney Avenue
APN: 369-11-048
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and
entered into this 2 day of 50f�""'r, 20 to , by Blaney Venture LLC, a California Limited
Liability COTrit)any, (hereinafter referred to as "GRANTOR") and the City of Cupertino ("CITY").
The GRANTOR does hereby grant and convey to the CITY, a Storrnwater 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 Nordic Engineering Inc. and dated
, 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.
FINS' -1- 10/21/03
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:
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.
Indemni : 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
FINAL -2- 10/21/03
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. Attornevs' 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.
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.
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.
GRA OR) 11% W �L— �--; L— L—
By:
Name: r Amre—
Title: 3 eLch �c1�C� `\t2a�if1--
(Notary Acknowledgment to be attached)
CITY OF CUPERTINO
By:
Name:
Title:
p oved as to forme�n
�X
City Attorney
FINAL -4- 10/21/03
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof SkI ca,l
CIVIL CODE § iISO
On Nov. e Zotu before me, KtR-sTFa1 RFoEla 007i 2y Puquc
D to Here Insert Name and Title of the Office
personally appeared K&1S WAND
Names) of Signers)
KIRSTEN RENEE SOUARCIA
Commission ♦ 1906890
.-i 'Notary Public - California
Santa Clara County
My Comm. Expires Oct 4, 2014
Place Notary Seal Above
OPTIONAL
Though the information below is not required bylaw, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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/their 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
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ,
Signature of Nota ubllc
Description of Attached Document
Title or Type of Document: ST�Af..iwArE,z MAn1AGEM�dJT �AUury �As�MEd T
�GREEM
Document Date: SEPTE M 6c--g- 2'r-I 'Zo In Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signers)
Signer's Name: Signer's Name:
❑ Corporate Officer —Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General rcp of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
❑ Corporate Officer — Title(s):
❑ Individual
FJ e
Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
eviu rvanonai venary Hssoaanon • NanonaiNotery.org = t,buu-us N V I AHV (1-800-876-6827) Item #5907
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE (STY OF CUPERTINO, COUNTY OF SANTA CLARA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Beginning at the Westerly common corner of that certain 59.89 acre parcel of land described in the Deed from John P.
Crossley, et ux, to E.E. Newton dated January 9, 1912 and Recorded January 9, 1912 In Book 38 of Deeds, Page 267,
Santa Clara County Records and that certain 33,474 acre parcel of land described in the Deed from Edwin G. Hail, et
ux, to Morgan E, Payne, dated May 2, 1893 and Recorded December 21, 1893 in Book 165 of deeds, at page 326,
Santa Clara County Records, said point of beginning being in the center line of Blaney Road; thence along the dividing
line between said 59.89 acre parcel and said 33.474 acre parcel South 589 49' 37" East 317.57 feet; thence South 310
10' 13" West 128.61 feet; thence on an arc of a curve to the left the tangent of which bears North 740 20' 20" West
with a radius of 209 feet through a central angle of 150 53' 35" an arc distance of 57.97 feet thence South 890 46, 05"
West 146.81 feet to a Pont on said center line of Blaney Road; thence along said center line North 0913' 55" West
267.25 feet to the point of beginning.
APN: 369.11.048
EXHIBIT B
STORM WATER EASEMENT
The land referred to herein below is situated in the city of Cupertino, County of Santa Clara,
State of California, and is described as follows:
Beginning at the Westerly common corner of that certain 59.89 acre parcel of land described
in the Deed from John P. Crossley, et ux, to E.E. Newton dated January 9, 1912 and
Recorded January 9, 1912 in Book 38 of Deeds, Page 267, Santa Clara County Records and
that certain 33.474 acre parcel of land described in the Deed from Edwin G. Hall, at ux, to
Morgan E. Payne, dated May 2, 1893 and Recorded December 21, 1893 in Book 165 if deeds
at page 326, Santa Clara County Records, said point of beginning being in the center line of
Blaney Raod; thence along the dividing line between said 59.89 acre parcel and said 33.474
acre parcel South 58949'37" East 317.57 feet; thenc e South 31 °10'13" West 128.61 feet;
thence on an arc of a curve to the left the tangent of which bears North 74'20'20" West with a
radius of 209 feet through a central angle of 15 53'35" an arc distance of 57.97 feet thence
South 89 46'05" West 146.81 feet to a point on said center line of Blaney Road; thence along
said center line North 013'55" West 267.25 feet to the point of beginning.
Excepting therefrom all those areas designated on the attached EXHIBIT B as "RIGHT OF
WAY" and "BUILDING FOOTPRINT".
EXHIBIT B
STORM WATER
EASEMENT
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Nordic Engineering Inc.
Civil Engineering • Land Surveying
Serving Santa Clara, San Mateo & Santa Cruz Counties
Office (40B) 257-6452 • Fax (408) 257-6821
nordicenginears@yahoo.com
www. Nordic Eng ineeri ng. com
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POINT OF
BEGINNING
OCT. 25, 2010
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County ofc
On g c�-0/6) before me,
(Here
ininsert name and file of The
personally appeared % y( i� fZ�17� ,2L( f'J)p %list/
who proved to me on the basis of satisfactory evidence to be the person(s) whose names i re subscribed to
the within instrument and acknowledged to me th ie he/they executed the same • fiis er/their authorized
capacity(ies), and that b iss// r/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the persons) acred—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.
ALISON J. SCHARNOW
:.®
Commission # 1873356
WITNESS my hand and official seal, z e Notary Public • California s
Santa Clara County n
• My Comm. Expires Dec 17. 2013
Signature of Notary Public ,,••^^"" (Notary Seal)
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
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CAPACITY CLAIMED BY THE SIGNER
❑
Individual (a)
❑
Corporate Officer
(Title)
❑
Partner(s)
❑
Attorney -in -Fact
❑
Trustee(s)
❑
Otber
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