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E-788 Stormwater Management Facility Easement agreement 10097 S. Blaney Ave APN 369-03-008 r DOCUMENT: 22628164 Pages: 11 RECORDING REQUESTED BY: Fees. . . , + No Fees Taxes. . . City of Cupertino Copies. . AMT PAID WHEN RECORDED,MAIL TO: REGINA ALCOMENDRAS RDE # 025 City Clerk's Office SANTA CLARA COUNTY RECORDER 6/23/2014 City of Cupertino RecordE�d at the request of 2: 14 PM 10300 Torre Avenue City Cupertino, CA 95014-3255 (SPA.CE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27383 STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT 10097 S. Blaney Ave., Cupertino CA 95014 APN 369-03-008 Original 0 For Fast Endorsement r G6NO 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 Lake Biltmore Apartments, a California limited partnership 10097 S. Blaney Ave., 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: June 19, 2014 By: Andrea Sanders City Clerk's face RECORDED AT THE REQUEST OF ) and ) WHEN RECORDED RETURN TO: ) SPACE ABOVE FOR RECORDER'S USE ONLY STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT APN 369-03-008 10097 S. Blaney Ave, Cupertino, CA 95014 THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement") is made and entered into this %� by of 7_4vN 4 , 2014, by Lake Biltmore Apartments, 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 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 stonnwater management facilities within the PROPERTY. The stonnwater management facilities are shown in the Stonnwater Management Plan prepared by 13KF Engineers and dated July 31, 2013, which FINAL -1- 10/21/03 4 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 stonnwater 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 stonnwater 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 a;gee as follows: 1. Covenants Running With the Landi 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 benE;fit 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 hannless of and from any and all claims, liabilities, actions, causes of action, and damages FINAL -2- 10/21/03 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 employ21es, 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 previsions of any earlier document or documents, the most recently duly executed and recorded amendment shall be controlling. FINAL -3- 10/21/03 Q n• A Executed the day and year first above written. (GRANTOR) Lake Biltmore Apartments, a California limited partnership By: SUNSET RIDGE DEVELOPMENT CO., INC. a Califor is corporation, its general partner By: Name: Jona a Mo s Title: Vice resident (Notary Ac o I ledgment to be attached) J CITY OF CUPERTINO By: Title:` YC'� �y..r` ce,°-�` ►.� e �` r- FINAL -4- 10/21/03 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 11189 State of California (< County of.. > _Nyocre� before me, Date T� Here Insert Namd and Title of the Officer personally appeared Name(s)of Signer(s) e whio proved to me on the .basis of satisfactory evidence to be the persoKrument whose na s� subscribed to the within ins and a c owledged me that y executed the same in e� authorized capacity�s), and that by i is y si nature on the instrument th LEANN L.SLATER g � e Commission # 1991577 person or or the enti y upon behalf of which the Notary Public -California a perso acted, executed the instrument. San Mateo County My Comm.Expires Oct 15,20 f 6 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 a ic' Sionature: Place Notary Seal Above PTIO N Signature of Notary Public ( Though the information below is not required by law, it r'lay 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: 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 El Individual - ❑ Partner — El Limited El General Top of thumb here El Partner El Limited ❑General Top of thumb here ❑ Attorney n Fact Y ❑Attorney in Fact (� ❑ Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other:. F Signer Is Representing: Signer Is Representing: ©2010 National Notary Association-National Notary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 LEGAL DE:3ORIPTION Read property in the City of Cupertino, County of Santa Clara, State of California, described as follows: PARCEL 1, AS SHOWN ON THAT CERTAIN PARCEL MAP FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON APRIL 20, 1971, IN BOOK 282 OF MAPS PAGE(S) 12. EXCEPTING THEREFROM THE UNDERGROUND WATER RIGHTS, AS CONVEYED TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA-CORPORATION, BY DEED RECORDED JUNE 4, 1971 IN BOOK 9359, PAGE 727 OF OFFICIAL RECORDS. APN: 369-03-008 ARB: 371-06-031 1 4 . t - r 19 2014 Y _ F BKF No. 20117101 May ENOMEE.RSYSURV'E9OAVPLANNERS Page 1 of 1 EXMIBIT"B" Legal Description STORMWATER MANAGEMENT FACILITY EASEMENT LAKE BILTMO:RE APARTMENTS Real property in the City of Cupertino,County of Santa Clara, State of California, described as follows: Being a portion of Parcel 1 as shown on that certain Parcel Map, filed for record on April 20, 1971 in Book 282 of Maps at Page 12,Records of Santa Clara County, more particularly described as follows: BEGINNING at the northeasterly corner of said Parcel 1, said corner being also a point on the westerly line of Blaney Avenue,being 60.00 feet in width, as shown on said Parcel Map(282 M 12); Thence leaving said corner and along said westerly line of Blaney Avenue, South, 60.00 feet to the point of intersection of a line drawn parallel with and 60.00 feet southerly, right angle measurement, from the northerly line of said Parcel l; Thence leaving said westerly line of Blaney Avenue and along said parallel line, South 89°54'00" West, 265.00 feet; Thence parallel with said westerly line of Blaney Avenue, North, 60.00 feet to said northerly line of said Parcel 1; Thence along said northerly line of said Parcel 1;, North 89°54'00" East, 265.00 feet to the point of BEGINNING. Containing an area of 15,900 square feet,more or less. Being also a portion of Assessor's Parcel Number 3619-03-008 per Roll Year 2013-2014. As shown on EXHIBIT"B"attached hereto and by this reference made a part hereof. For: BKF Engineers ��S�p L A fV D sU�GF c � By JOHN 0 John Koroyan KOROYAN P.L.S.No. 8883 p,�®� � � � No. 8883 Dated: ��' F OF CA,t\1 o O 0 40 80 160 I STEVENZ) CREEK BOULEVARD (SCALE IN FEET) NO (FORMERLY STEVENS CREEK ROAD) I 0 . o0 _ c it CHEUX I LJYhvo TRUST c P= ONE a 7WO DOC. Jc?0087 83 I a CU 30' 30' U 4 PREG 81LTM0 RE I UJ DOC. 22278606 APN 369-03-009 I LU Q� I U UA cc I O POINT OF I BEGINNING N89 54'00"E 265.00' I °z to o S89 54'00"W 265.00' STORMWA TER MANAGEMENT ��Cb LAND s��G FACILITY EASEMENT F� AREA = 15,900 S.F.± JOHN °� KOROYAN LAKE BILTMORE APARTMENTS N o.8883 H521 0.R. 169 PARCEL J �lq P 2132 M 12 CFO APN 369-03-008 EXHI ELI T 99B DD PLAT TO ACCOMPANY K:\Surll\117101\DWG\PLATS\SWMFE Plat — Lake Biltmore Apts.dwg LEGAL DESCRIPTION 1650 TECHNOLOGY DRIVE Subject STORMWATER MANAGEMENT FACILITY F 0;kl-�I, , SUITE 650 EASEMENT — LAKE B I LTMORE APTS 9 SAN JOSE, CA 95110 Job No. 20117101 I NO. CALIF. rm- M 408-467-9100 408-467-9199 (FAX) BY J� Date 05-19-14 Chkd. JVK 9 '� SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of'California County of _5_414 7cat On juti e /`r Zo/Y before me, All;-SAe-" #<fcree- L,cLv ,* lie 7"r Pvq6 /j' Date Name and Title of the Officer personally appeared —7/� 6017 Q o-C4-7 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personA whose nameKoare subscribed to the within instrument and acknowledged to me that 9/she/they executed the same in pCher/their authorized capacity(), and that by i�,iher/their signatureK on the instrument the person(,K, or the entity upon behalf of which the ,�;;• �, KIRSTEN RENEE SOUARCIA personW acted, executed the instrument. Commission # 1906898 Z r Notary Public-California Z I cE�rtify under PENALTY OF PERJURY under the laws Z Santa Clara County D of the State of California that the foregoing paragraph My Comm. Expires Oct 4, 2014 is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: Signature of Notary P lic 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 oc►g 7 S• G14,8-e-� Ave- Title or Type of Document: /g9/�'�ii�i,� _ Document Date: y 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.National Notary.or( • 1-800-US NOTARY(1-800-876-6827) Item #5907