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E-772 Stormwater Management Facility Easement Agreement, 20625 Alves Dr, Apple, INc., APN 326-34-069RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 -3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 Pages DOCUMENT: 2245669.7 Pages Taxes- LAMT PAID RDE # 025 REGINA ALCOMENDRAS 11/25/2013 SANTA CLARA.000NTY'RECORDER 9:23 AM Recorded at the. request of Coun v Agency, , (SPACE ABOVE THIS LINE FOR RECORDER'S USE) STO.RMWATER MANAGEMENT FACILITY EASEMENT A�G;REEMENT 20625 Alves Drive, Cupertino, CA 95014 APN 326-34 -069 Apple, Inc., a California Corporation Original O 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 -34 -069 20625 Alves Drive, Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ( "Agreement ") is made and entered into this Tµk day of 1QoVa4ev , 20 13, by Apple Inc., a California corporation, (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 Cal ifornia ( "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 Kier & Wright Civil Engineers & Surveyors Inc FINAL -1- 10/30/13 and dated August 20, 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 of Santa Clara, at its /their expense. NOW, THEREFORE, the parties hereto agree as follows: Covenants Running With the Land;-Property Subject to Agreement: The portion of the 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 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 PROPERTY, or any portion thereof. 2. Indemnity: The GRANTOR shall defend, indemnify, and hold the CITY harmless FINAL -2- 10/30/13 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. 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 ora.l. 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. 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- 10/30/13 Executed the day and year first above written. Apple Inc., a CAfgrnio�orporation (COVENANTOR) By: Name: Kristina kaspe _ Title: Real Estate & Development Director _ (Notary acknowledgment to be attached) CITY OF CUPERTINO (City) By: Name: Timm Borden _ Title: Director of Public Works FINAL -4- 10/30%13 Exhibit A All that real property located in the City of Cupertino, County of Santa Clara, State of California, more particularly described as: PARCEL A SHOWN ON A PARCEL IVIAP RECORDED OCTOBER 18, 1979, IN BOOK 451, PAGE 55 OF MAPS, RECORDS OF SANTA CLARA COUNTY. APN 326 -34 -069 (Commonly known as 20625 Alves Drive, Cupertino, California; APN 326 -34 -069) October 23, 2013 Job No. A 12000 -01 AV 1 Page I oP 2 EXHIBIT "B" LEGAL DESCRIPTION FOR: STORMWATER MANAGEMENT FACILITY EASEMENT All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being a portion of Parcel "A" as shown on that certain Parcel Map filed for record on October 18, 1979 in Book 451 of Maps at Page 55, Santa Clara County Records, and being more particularly described as follows: Beginning that the northwesterly corner of said Parcel "A ", Thence along the westerly line of said Parcel "A ", South 00 °03'05" East, 18.46 feet to the True Point of Beginning; Thence continuing along said westerly line, South 00 °03'05" East, 5.00 feet; Thence leaving said westerly line the following four (4) courses and distance: 1. North 89 °56'55" East, 72.80 feet; 2. North 00 °03'05" West, 10.94 feet; 3. North 89 °56'55" East, 117.37 feet; 4. North 00 °03'05" West, 12.73 feet to the northerly line of said Parcel "A "; Thence along said northerly line South 89'53'12" West, 129.58 feet; Thence leaving said northerly line the following two (2) courses and distance: 1. South 00 °03'05" East, 18.53 feet; 2. South 89 °56'55" West, 60.58 feet to the True Point of Beginning. Containing 2,077 ± square feet. As shown on Sheet 2 attached hereto and by this reference made a part hereof. Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc. 5�p 1 0D sq/ M. At1fq`9�bo9 ze Date Ryan M. Amay , L.S. 8134 � 10. 813a �,�e' \OF C Al -\��P 1`. \PRO.II: CTS \A12000 \CUFI�RTINO \Al2OOO -OI AV 1 \D0CS \SURVGY DOCSTEGAL DESCRIV11ONS\Stdrmwater Manaeemcnt Facility Easement \EXHIBIT B \Ixgal De.e ription.docz i I TRUE POINT OF BEGINNING Q w �a Q z POINT OF BEGINNING ALVES DRIVE LINE TABLE: W 129.58' ` S 89'53'12" S 89 °56'55" W J 60.58' J r -7 178-9-76'57E- 8-9. 6'55" E 1 17.37' _ — J � - L1 N872805 E 18.46' 2F- SHEET NO. w Z Qw 5.00' Z w u7 QPARCEL - ...... "A" 10.94 . 3 u (451 M 55) ... ••• L4 LL-0.878 t ACRES p A.P.N.: 326 -34 -069 �91F L5 N i ... ALVES DRIVE LINE TABLE: DATE OCT., 2013 SCALE 1 ° = 40' LAND S� LINE BEARING DISTANCE CUPERTINO CALIFORNIA L1 S 00 °03'05" E 18.46' W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. L2 S 00 003 ;0 5" E 5.00' Santa Clara, California 95054 fax (408) 727 5641 0 OF L3 N 00 03 05 W 10.94 W L4 N 00 °03'05" W 12.73' th �91F L5 N 00 °03'05" W 18.53' N °f CA OF 0 PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE OCT., 2013 SCALE 1 ° = 40' FOR: STORMWATER MANAGEMENT FACILITY EASEMENT DR. BY SB CUPERTINO CALIFORNIA k KIER & WRIGHT JOB A12000 -01AV1 „ EXHIBIT B W CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO. 3350 Scott Boulevard, Building 22 (408) 727 6665 2 2 USR=p ceiM MD13 &35W Santa Clara, California 95054 fax (408) 727 5641 0 OF CALRFORNIA ALL-PURPOSE State of California County of �t. �\ C� (-C( On KG1 ok(3 before me� personally appeared'('('((1G h 11 tis- om febl (Here insert name and tiildofthe 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. TAMMY JILL CONSTON WITNESS my hand and official seal Commission 1957685 a "`°' " Notary p z` `" ,., Y Public - California y :i, -y,. Santa Clara Count Signature of Pubtic (Notary Seal) d Y .T� Y ��y Comm. Ex ires Oct 22, 2015 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA v12.10.07 800- 873 -9865 www.NotaryClasses.com INSTRUCTIONS FOR COMPLETING THIS FORM Atrt, acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be ptoper•ly completed and attached to that document. The onlp exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as mar be printed on such a document so long as the verbiage does not require the notury to do something that is illegal for a notay in California (i.e. cer•tifi?ing the authorised capacitt, of the signet). Please check the document carefulit, for•p•oper notarial hording and attach this farwr if required. • State and County information must be the State and County where the document signcr(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • 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 the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he /shc /they is /ere ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must.not cover text or lines. if seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgmenrform. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. 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 thcsigned document CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California / County of On IVoy• /y, 20 /3beforeme, Jar c /2�neC�Gvarc�a �6Va �yP�� /�r Date Here Insert Na and Title of the Officer personally appeared % % /h AD /-,/If ti Name(s) of Signer(s) who proved to me on the basis of satisfactory evidertce to be the persono whose nameW subscribed to �;�Ze/they thin instrument and acknowledged to me that executed the same in eer /their authorized capacity�s), and that by ih er /their signature) on the Instrument the personj, ), or the entity upon behalf of which the person.W acted, executed the instrument. KIRSTEN RENEE SUUARCIA I certify under PENALTY OF PERJURY under the Commission # 1906898 IL laws of the State of California that the foregoing i Notary Public - California i paragraph is true and correct. Santa Clara County -® rHy Comm. Expires Oct 4, 2014 WITNESS my hand and official seal. Signa.tur . Place Notary Seal Above OPTIONAL Signature of Notary PubiOPTIONAL Though the information below is not required by law, it may 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: S �� w.ti�� �/1/>'a. -r �,_•.. 'Ae- �C etc r �� �, Lg�ccMr.,T N�i zee mesi� Document Date: /V v Ve ,,, c f 7 Zb f 3 Number of Pages: 7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner— ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing 1RIGHT HU ___ 1NT." °OFsICaNER{ r ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner-0 Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ;signer Is Representing: 0 2010 National Notary Association • NationalNotary:org •�1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 „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 20625 Alves Drive, Cupertino, CA 95014 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: November 20, 2013 By: _ z i Dorothy Ste fd`ft _ Senior Office Assistant,- v -.