Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
E-598 Stormwater Management Facility. DOCUMENT: 19618295 Pages 13
RECORDING REQUESTED BY 1 � Taxes. No Fees
City of Cupertino Cop
AMT PAID
WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE # 912
SANTA CLARA COUNTY RECORDER 19/15/2997
City Clerk's Office Recorded at the request of 2 13 PM
City of Cupertino City
1.0300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
COUNTY ASSESSOR'S PARCEL # 326-31-0189 326-31-020
L;r 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
County Assessor's Parcel#326-31-018; 326-31-020
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this 9"'day of July, 2007,by Paul E. Weiss and Barbara
H. Weiss, as Trustees of the Weiss Family Trust, dated December 13, 1982,. Marls Bennett Weiss,
Linda Weiss Lipinski, and Richard Alan Weiss, (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 Attachment `A' 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
"B" 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,
FINAL -1- 10/21/03
Inc. and dated January 31, 2006, 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 "A."
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:
1. Covenants Runnine With the Land: Probertv 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
FINAL -2- 10/21/03
i
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 "A," 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. Attomevs' 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. Severabilitv: 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. M 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 year first above written.
(GRANT R)
PaululY Y. Weiss
By:
/a�r�bara H. Weiss ^
By: V 1aA f) ,
Mark B�.
By.
Linda Weiss Lipinski
0
By: 'IP-
Richard Alan Weiss
(Notary acknowledgement to be attached)
CITY OF CU ERTINO
Name: 4v c J w '<—eV e0.00
Title: /,LZ
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
J #`A/( .y1 1^ ss.
On R'U'BS( 3, ��� before me, if rAnY ✓'/a
Date /� tl'YY�Kk!'th rrri°a ,°"Jane Doe,Notary Public'j
personally appeared
V A� A �-.vv,�15, y . 0n9g111 4. Lws/s44 M KrLI
° Name(s)of Signer(s) -
61 Janis" ry„15 S, d--t.vkjA vVX155 Yl 164 roll)) & uwW l-S`
❑ personally known to me
"proved to me on the basis of satisfactory evidence
HERBERT L. SLOUGH to e the person(s) whose name(s), /are subscribed
Commission# Ix[A 6 to the within instrument and acknowledged to me that
Notary PublIC-California h)&bpkey executed the same in hikh /their
A Fl Pa Clara San County authorized capacity(ies), and that by /their
MYC
m om C Feb 9,200A� �n
w,m,tlFxpl r LL signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand �1andd^^official seal.
Place Notary Seal Above t� �r�.^°"'
t Signature of Notary Public
OPTIONAL
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 Dfument ,trA s`A- l
Title or Type of Document: / V nM W Y'-Tl\ in 0-4 A C_L/— Ls( q l -J4\r-AT
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Si ner's Name: Signer's Name:
Individual El Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General r -•- • ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top ofTop of thc�I ❑ Attorney in Fact T
El Trustee El Trustee
Top of thumb Here
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
,
©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No.5907 Reorder:Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA )
) : SS
COUNTY OF SANTA CLARA )
On r 1 )d dAl 20 , beforeme, �ll/o4tCL��WyAlitl, personally
appeare& D'a„l f i personally known to me or-pro *^ ^P on the-ba€i -
of sa43s€acte y idonse to be the h6rson whose name is subscribed to be within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
guy 1GRACE $CHMT - [SEAL]
CMMbWM 0 t720127
Sob Cw Cowan*
Comm.&Phu FCab 2
.2011 1
I
September 7,2007
Job No.A05235
Page 1 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MANAGEMENT EASEMENT
All that certain real property lying within the City of Cupertino, County of Santa Clara, State of
California, being a portion of Parcel A as described in that certain Lot Line Adjustment recorded
August 14, 2007 as Document No.19549144, Official Records of Santa Clara County, described
as follows:
Being all of said "Parcel A", excepting therefrom the following areas:
Exception Area 1
Commencing at the northeast corner of said Parcel A;
Thence South 36°37'43" West 24.62 feet to the True Point of Beginning of said Exception Area
1;
Thence South 0°01'50" East, 358.00 feet;
Thence South 89'58'10" West, 205.33 feet;
Thence North 0°01'50" West, 110.00 feet;
Thence North 89'58'10" East, 11.33 feet;
Thence North 0°01'50" West, 101.33 feet;
Thence North 89'58'10" East, 4.00 feet;
Thence North 0°01'50" West, 146.67 feet;
Thence North 89'58'10" East, 190.00 feet to the True Point of Beginning.
Exception Area 2
Any portion of said Parcel A lying within Stelling Road.
Exception Area 3
Any portion of said Parcel A lying within Stevens Creek Boulevard.
As shown on sheet 2 and by this reference made a part hereof.
Legal Description prepared by Kier & Wright, Civil Engineers & Surveyors, Inc.
LANDj�,�
Date ` Ryan M. Ama y ,'L.S. 8134 ' E*.12-31-08 '
I:\PROJECTS\A05235\DOCS\LEGALS\stormwater.doe �r�eFCA�r"
L AND SGT
M. 4 y9 GF< 1
* EXP,1112-31-08
G s l 7 \P
Q TT 0, 81'
O 9F OF CAS\FO
k
w
z �0
LINE TABLE:
JI LINE BEARING DISTANCE
W Ll S 36°37'43"W 24.62'
1-- L2 N 89°58'10"E 4.00'
N L3 N 00°01'50"W 101.33'
L4 N 89°58'10" E 11.33'
LS N 00°01'50"W 110.00'
EAST 662.40' _
12.0' � t -25.0' _ - wN89°58'70"E 790.00'
°z� 3I_ TRUE POINT OF
25.0' �I� BEGINNING OF
°la EXCEPTION AREA 1
PARCEL A °
Z °o = _ LOT LINE ADJUSTMENT zf oI
r °O (DOC. NO. 19549144) L2J ,, v
ml v
�� ° ° 1 z 0 f EXCEPTION ml
0 TO
oc
Z STORMWATER I i
Z "rvry' N JI FACILITY OI W
m d m STORMWATER MANAGEMENT
zo'
Z " 150.00' FACILITY I EASEMENT °I
12.0' 1" S 89°53'30"W 187.00' -j MANAGEMENT L� of o
F f 25.0' EASEMENT I ZI °o
8.0' o
I I
I W � � I
z --89-° 8-'10W 205.33'z -
--,
O - - - - rn S 89°53'30"W 475.61' (47564)
Z
I EXCEPTION AREA 3 S 89°53'30"W 475.62' (475.64)
S 89°53'30"W 475.64-
} (S 89°50'30"W)
STEVENS CREEK BLVD
PLAT TO ACCOMPANY LEGAL DESCRIPTION JDATE SEPT. 2007
STORMWATER FACILITY MANAGEMENT EASEMENT I SCALE V = 100'
CUPERTINO CALIFORNIA I DR. BY CSS\AV
�� �� w KIER & WRIGHT IJOB A05235
EXHIBIT A CIVIL ENGINEERS & SURVEYORS, INC. I SHEET NO.
3350 Scott Boulevard,Building 22 (408)727 6665f
usa:"rom, :\P.C£ \AOSxSSVo \WRWY\c-s.muwAre-PU dwe SEPm 00 o"sdm u:ze nN Santa Clara,California 95054 fax(408)727 5641 2 OF 2
EXHIBIT `B" EXHIBIT B
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, Comity of Santa Clara, State
of California, being all of Parcel No. One and Parcel 4 as described in that certain Grant
Deed recorded August 17, 1999, as Document No, 14943392, Santa Clara County
Records, excepting therefrom that portion condemned for street purposes by those
documents recorded May 6, 1968 in Book 8113, page 88, and July 14, 1967 in Book
7786, page 13, Official Records of Santa Clara County, described as follows:
A portion of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian, described as
follows:
Begimning at a point on the Westerly line of said Section 13, distant thereon North,
185.00 feet from the Southwesterly comer of said Northwest 1/4 of Section 13; thence
along said Westerly line of Section 13, North, 59.32 feet to the intersection thereof with
the Westerly prolongation of the Southerly line of said Parcel 4; thence along said
prolongation, East, 12.00 feet to the westerly line of said Parcel 4; thence North, 90.00
feet along said westerly line to the northwest corner of said Parcel 4; thence West, 12.00
feet to the Westerly line of Section 13; thence along said Westerly line of Section 13,
North, 114.48 feet to the Westerly prolongation of the Southerly line of that certain parcel
of land conveyed to Assembly of God of Cupertino, California, a corporation, by deed,
recorded in Book L903 at page 0066, Official Records Santa Clara County; thence along
said prolongation and along said Southerly line of those lands so conveyed to said
Assembly of God, East, 662.40 feet the Southeasterly comer thereof in the Easterly line
of the West 1/2 of the Southwest 1/4 of said Northwest 1/4 of Section 13; thence along
last mentioned line, South 0° 01' 50" East, 447.54 feet (447.55') to a point in the
Southerly line of said Northwest 1/4 of Section 13; thence along last mentioned line
(being also the original center line of Stevens Creek Boulevard) South 89° 53' 30" West
(South 89° 50' 30" West), 475.64 feet to a point on the southerly prolongation of the
easterly line of that certain parcel of land described in the Grant Deed recorded August 4,
2000, Document No. 15345752, Official Records; thence North, 185.00 feet along said
southerly prolongation and said easterly line to the northeast corner of said parcel; thence
South 89° 53' 30" West, 187.00 feet along the northerly line of said parcel and its
westerly prolongation to the Point of Beginning.
Excepting therefrom Acquisition Parcels No. 49-I, 49-II and 49-III as described in said
document recorded May 6, 1968 in Book 8113, page 88, Official Records of Santa Clara
County, more particularly described as follows:
PARCEL NO. 49-I
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
GA\Puhlic Works\David\Whole FoodsTost LLA Deschption.doc
EXHIBITB
Being a strip of land fifteen (15) feet in width, measured at right angles, a portion o£that.
certain parcel of land described in the deed to Chaffetz and Lavine, recorded in Book
6705 of Official Records of Santa Clara County at page 274, et seq., more particularly
described as follows:
Beginning at the intersection of the Easterly line of the above-referenced parcel with the
existing line of Stevens Creek Boulevard at 30.00 feet from the original centerline
thereof; and ruining thence along said line of Stevens Creek Boulevard South 89° 53' 30"
West, 475.62 feet (475.64'); thence due North, 15.00 feet to the intersection with a line
drawn parallel to and distant Northerly at right angles 45.00 feet from said original
centerline of Stevens Creek Boulevard; thence along said parallel line North 89° 53' 30"
East, 475.61 feet (475.64'); thence South 0° 01' 50" East, 15.00 feet to the point of
beginning and containing 0.164 acres of land, more or less.
PARCEL NO, 49-11
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq., and more particularly
described as follows:
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 185.00 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
acid Meridian; running thence along said line of Stelling Road due North, 59.30 feet
(59.32'); thence due East, 25.00 feet to the intersection with a line drawn parallel to and
distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest 1/4 of Section 13; thence along said parallel line due South, 59.25 feet
(59.32'); thence due West, 25.00 feet to the point of beginning and containing 0.034 acres
of land, more or less.
PARCEL NO. 49-III
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq, and more particularly described
as follows:
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 334.32 feet and due East, 12.00 feet from the Southwestern corner of
G:\Public Works\David\Whole Poods\Post LLA Description.doc
EXHIBIT
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; thence along said line of Stelling Road due North, 114.48 feet; thence due
East, 25.00 feet to the intersection with a line drawn parallel to and distant Easterly at
right angles 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel Pure due South, 114.48 feet; thence due West, 25.00
feet to the Point of Beginning and containing 0.066 acres of land,more or less.
Also excepting therefrom Acquisition Parcels No. 50 as described in said document
recorded July 14, 1967 in Book 7786,page 13, Official Records of Santa Clara County:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land, described in the Deed to Lansford, recorded in Book 6834 of Official
Records of Santa Clara County, at page 22, et seq., more particularly described as
follows:
Beginning at a point in the Easterly line of Stelling Road, at 40 feet in width, distant
thereon due North, 244.32 feet and due East, 12.00 feet from the Southwestern comer of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West,Mount Diablo Base
and Meridian; and running thence along said line of Stelling Road due North, 90.00 feet;
thence East, 25.00 feet to the intersection with a line drawn parallel to and distant
Easterly 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line South, 90.00 feet; thence West, 25.00 feet to
the point of beginning and containing 0.052 acres of land, more or less.
G:\Public Works\David\Whole Foods\Post LLA Description.doc
-NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated,
July 9th, 2007 from
APN: 326-31-018, 326-31-020
to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council
on March 20, 2007 and the grantee consents to recordation thereof by its duly authorized officer.
Dated: October 3, 2007
By:
'M ry e ,
City C> erlc's Office
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
CITY OF FAX: (408)777-3366
CUPEkTINO
CITY CLERK'S OFFICE
October 3, 2007
Santa Clara County Recorder's Office
70 West Hedding Street
San Jose, CA 95110-1768
DOCUMENT FOR RECORDATION
STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT
APN 326-31-0189 326-31-020
The enclosed document is for rerecording as exhibit B was left out prior. The document number
was 19583521. If you have any questions or concerns, please contact our office at (408) 777-
3223.
Sincerely,
f
Mary Redwine
City Clerk's Office
Printed on Recycled Paper
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
COUNTY ASSESSOR'S PARCEL # 326-31-0189 326-31-020
® Original
O For Fast Endorsement
,NO FEE"
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Goverrhnent Code.
This is to certify that the interest in real property conveyed by the deed or grant dated,
July 9th, 2007 from
APN: 326-31-018, 326-31-020
to the City of Cupertino, a govermnental agency is hereby accepted by order of the City Council
on March 20, 2007 and the grantee consents to recordation thereof by its duly authorized officer.
Dated: October 3, 2007
By: �'c
Y
City erlc's Office
EXHIBIT "B" EMIBIT B
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, being all of Parcel No. One and Parcel 4 as described in that certain Grant
Deed recorded August 17, 1999, as Document No, 14943392, Santa Clara County
Records, excepting therefrom that portion condemned for street purposes by those
documents recorded May 6, 1968 in Book 8113, page 88, and July 14, 1967 in Book
7786, page 13, Official Records of Santa Clara County, described as follows:
A portion of the West 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 13,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian, described as
follows:
Beginning at a point on the Westerly line of said Section 13, distant thereon North,
185.00 feet from the Southwesterly corner of said Northwest 1/4 of Section 13; thence
along said Westerly line of Section 13,North, 59.32 feet to the intersection thereof with
the Westerly prolongation of the Southerly line of said Parcel 4; thence along said
prolongation, East, 12.00 feet to the westerly line of said Parcel 4; thence North, 90.00
feet along said westerly line to the northwest corner of said Parcel 4; thence West, 12.00
feet to the Westerly line of Section 13; thence along said Westerly line of Section 13,
North, 114.48 feet to the Westerly prolongation of the Southerly line of that certain parcel
of land conveyed to Assembly of God of Cupertino, California, a corporation,by deed
recorded in Book L903 at page 0066, Official Records Santa Clara County; thence along
said prolongation and along said Southerly line of those lands so conveyed to said
Assembly of God, East, 662.40 feet the Southeasterly corner thereof in the Easterly line
of the West 1/2 of the Southwest 1/4 of said Northwest 1/4 of Section 13; thence along
last mentioned line, South 0° 01' 50" East, 447.54 feet (447.55') to a point in the
Southerly line of said Northwest 1/4 of Section 13; thence along last mentioned line
(being also the original center line of Stevens Creek Boulevard) South 89° 53' 30" West
(South 89° 50' 30" West), 475.64 feet to a point on the southerly prolongation of the
easterly line of that certain parcel of land described in the Grant Deed recorded August 4,
2000, Document No. 15345752, Official Records; thence North, 185.00 feet along said
southerly prolongation and said easterly line to the northeast corner of said parcel; thence
South 89° 53' 30" West, 187.00 feet along the northerly line of said parcel and its
westerly prolongation to the Point of Beginning.
Excepting therefrom Acquisition Parcels No. 49-I, 49-II and 49-III as described in said
document recorded May 6, 1968 in Book 8113,page 88, Official Records of Santa Clara
County, more particularly described as follows:
PARCEL NO. 49-I
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
QTublic Works\David\Whole FoodsTost LLA Description.doe
EXHIBIT B
Being a strip of land fifteen (15) feet in width, measured at right angles, a portion o£,that
certain parcel of land described in the deed to Chaffetz and Lavine, recorded in Book
6705 of Official Records of Santa Clara County at page 274, et seq., more particularly
described as follows:
Beginning at the intersection of the Easterly line of the above-referenced parcel with the
existing line of Stevens Creek Boulevard at 30.00 feet from the original centerline
thereof; and running thence along said line of Stevens Creek Boulevard South 89° 53' 30"
West, 475.62 feet (475.64'); thence due North, 15.00 feet to the intersection with a line
drawn parallel to and distant Northerly at right angles 45.00 feet from said original
centerline of Stevens Creek Boulevard; thence along said parallel line North 89° 53' 30"
East, 475.61 feet(475.64'); thence South 0° 01' 50" East, 15.00 feet to the point of
beginning and containing 0.164 acres of land, more or less.
PARCEL NO. 49-II
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq., and more particularly
described as follows:
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 185.00 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; running thence along said line of Stelling Road due North, 59.30 feet
(59.32'); thence due East, 25.00 feet to the intersection with a line drawn parallel to and
distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest 1/4 of Section 13; thence along said parallel line due South, 59.25 feet
(5932'); thence due West, 25.00 feet to the point of beginning and containing 0.034 acres
of land, more or less.
PARCEL NO. 49-III
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of
Official Records of Santa Clara County, page 274, et seq, and more particularly described
as follows:
Beginning at a point in the Easterly line of Stelling Road at 40 feet in width, distant
thereon due North, 334.32 feet and due East, 12.00 feet from the Southwestern corner of
WPublic Works\David\Whole Foods\Post LLA Description.doc
EXHIBIT B
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; thence along said line of Stelling Road due North, 114.48 feet; thence due
East, 25.00 feet to the intersection with a line drawn parallel to and distant Easterly at
right angles 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line due South, 114.48 feet; thence due West, 25.00
feet to the Point of Beginning and containing 0.066 acres of land, more or less.
Also excepting therefrom Acquisition Parcels No. 50 as described in said document
recorded July 14, 1967 in Book 7786, page 13, Official Records of Santa Clara County:
All that certain real property situate in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
Being a strip of land 25 feet in width, measured at right angles, a portion of that certain
parcel of land, described in the Deed to Lansford, recorded in Book 6834 of Official
Records of Santa Clara County, at page 22, et seq., more particularly described as
follows:
Beginning at a point in the Easterly line of Stelling Road, at 40 feet in width, distant
thereon due North, 244.32 feet and due East, 12.00 feet from the Southwestern corner of
the Northwest 1/4 of Section 13, Township 7 South, Range 2 West, Mount Diablo Base
and Meridian; and running thence along said line of Stelling Road due North, 90.00 feet;
thence East, 25.00 feet to the intersection with a line drawn parallel to and distant
Easterly 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line South, 90.00 feet; thence West, 25.00 feet to
the point of beginning and containing 0.052 acres of land, more or less.
GAPublic Works\David\Whole Foods\Post LLA Description.doc
DOCUMENT : 19583521 Pages 12
No Fees
RECORDING REQUESTED BY. II II III II II I I III I I i II I II Copies..
City of Cupertino II AMT PAID
WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE # 912
SANTA CLARA COUNTY RECORDER 9/12/2907
City Clerk's Office Recorded at the request of 1 :47 PM
City of Cupertino City
10300 Torre Avenue
Cupertino, CA 95014-3255
NO FEE IN ACCORDANCE (SPACE ABOVE THIS LINE FOR RECORDER'S USE)
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #326-31-018, 326-31-020
ELI ®riginal
0 For Fast Endorsement
DocW 19583521
RECORDING REQUESTED BY: y p ry 9/ 12/2007 �y»i 11 •47 PM{ t
City of Cupertino
twgqU}}211t 7 +T+../'�
4,11 .lVY Ali LA�%'AT Y.OUINA
WHEN RECORDED, MAIL TO:
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #326-31-018, 326-31-020
O O iginal
Zor Fast Endorsement
RECORDED AT THE REQUEST OF )
and )
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDER'S USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #326-31-018; 326-31-020
THIS STORMWAT'ER MANAGEMENT FACILITY EASEMENT AGREEMENT
("Agreement") is made and entered into this 9`h day of July, 2007, by Paul E. Weiss and Barbara
H. Weiss, as Trustees of the Weiss Family Trust, dated December 13, 1982, Marl,Bennett Weiss,
Linda Weiss Lipinski, and Richard Alan Weiss, (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 Attaclunent `A' 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
"B" 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 Kier &Wright Civil Engineers & Surveyors,
FINAL -1- 10/21/03
i
Inc. and dated January 31, 2006, 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 Stomiwater 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 "A."
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
Stomiwater 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 Runnine With the Land: Propertv Subiect 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 ran 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. Indemnify: The GRANTOR shall defend, indemnify, and hold the CITY harmless
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 "A," 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. Attomevs' 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
tenns 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. Severabilitv: 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 maybe amended in whole or in part only by
mutual written agreement. Any such amendment shall be recorded in Santa Clara
County, California. hi 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.
(GRANTOR)
By:
Name:
Title:
(Notary Acknowledgment to be attached)
CITY OF CUPERTINO
By:
Name:
Title:
FINAL, -4- 10/21/03
STATE OF CALIFORNIA )
) : SS
COUNTY OF SANTA CLARA )
On , 20,_,before me,
personally appeared personally kriovvn to me or proved to
me on the basis of satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged tome that he executed the same in his authorized capacity, and
that by his signature on the instrument the person, or the entity upon behalf of which the person
acted, executed the instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
[SEAL]
FINAL -5- 10/21/03
Executed the day year first above written.
(GRANT R) y j'
By:
Paul . Weiss l/
arbara H. Weiss
By: `,IOA f) I ✓2 1/3
Mark B
7
—=
By: �—
1' Linda Weiss Lipinski
By: � Gt 6l�
Richard Alan Weiss
(Notary acknowledgement to be attached)
CITY OF' CU ERTINO
By: a
Name: 7)*%J e 5 w C"fA PO
Title: G„ ..
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of '5 sf� g YA ss.
On fit! bJ�'S t '/, .� �� before me,
Date ��ryry u'iIl kSb I M6^ 'TTe ^Jane Doe,Notary Partial
personally appeared�rAQk X.W,47155 , tr°Tstrl�S�r1A (�• �s (S�� AVt Kti((
Names)of Signers)
tr�r AfV) AI-AI( W 1ST,
❑ personally known to me
_ > proved to me on the basis of satisfactory evidence
HERBERT L.NAMERS1.GUGN to e the person(s) whose name(s),' /are subscribed
commission# t 462036 z to the within instrument and acknowledged to me that
Notary Public•California hf0 b#t1Zey executed the same in h&h /their
Santa elate counfy authorized capacity(ies), and that by /their
a fNy C
omm Expires Fab 9,2008r
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place(Notary Seal Above -
t Signature of Notary Public
OP TIONAL
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 Dippumerft —A A-
Title or Type of Document:. / TIA1 W A C'Lh LT f10 �V" 1 aJ v
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name: _
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer--Title(s):
❑ Partner—❑ Limited ❑ General a :•• ❑ Partner—❑ Limited ❑ General
El Attorney in Fact Top of thumb here El Attorney in Fact
Top of thumb here
El Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
0 2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Item No 5907 Reorder:Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA )
) : SS
COUNTY OF SANTA CLARA
Oil 20 _, before me, C e�_� � <�I, p l
�nd' ly (�
appeare8 17, //v 1"). lC( in, '% personally known to me or pray d xo-i��e.an_th�taasas-
o#sali�#� ter3�euidgnse to be the 9son whose name is subscribed to be within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
GRACE SCHMID, [SEAL]
• 1720127
�4 N ftY Pubk
soft Cbm
CWq abuY Comm Ex�q Feb 21
2P�1 y
1 u .� a u_w 40" Y,,;J ',Ym
,
September 7,2007
Job No.A05235
Pagel of 2
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MANAGEMENT EASEMENT
All that certain real property lying within the City of Cupertino, County of Santa Clara, State of
California, being a portion of Parcel A as described in that certain Lot Line Adjustment recorded
August 14, 2007 as Document No.19549144, Official Records of Santa Clara County, described
as follows:
Being all of said"Parcel A", excepting therefrom the following areas:
Exception Area 1
Commencing at the northeast corner of said Parcel A;
Thence South 36°37'43" West 24.62 feet to the True Point of Beginning of said Exception Area
1;
Thence South 0°01'50" East, 358.00 feet;
Thence South 89'58'10" West, 205.33 feet;
Thence North 0°01'50" West, 110.00 feet;
Thence North 89'58'10" East, 11.33 feet;
Thence North 0'01'50" West, 101.33 feet;
Thence North 89'58'10" East, 4.00 feet;
Thence North 0'01'50" West, 146.67 feet;
Thence North 89'58'10" East, 190.00 feet to the True Point of Beginning.
Exception Area 2
Any portion of said Parcel A lying within Stelling Road.
Exception Area 3
Any portion of said Parcel A lying within Stevens Creek Boulevard.
As shown on sheet 2 and by this reference made a part hereof.
Legal Description prepared by Fier & Wright, Civil Engineers & Surveyors, Inc.
Date Ryan M. Amay ,'L.S. 8134 Lip.12-31-M
d'A AQ.�994 �
I:\PROJECTS\A05235\DOCS\L EGALS\stormwater.doc
L AND SG9
M. q yq GF<
1,
* EXP. 12-31-08
7-�?
rT T �0. 81 JI' ��\P
0 qF OF CN11�G 1 k
IN
(D North
Z LINE TABLE:
J
LINE BEARING DISTANCE _
LU Ll 536'37'43"W 24.62'
L2 N 89°5810" E 4.00'
L3 N 00°01'50"W 101.33'
L4 N 89°58'10"E 11.33'
LS N 00°01'50"W 110.00' _
EAST 662.40'
12.0' ��-�h ,.'25.0 I
N 89°58'10"E 190.00', 1
v °z- 'I_ TRUE POINT OF
25.0' YIuo BEGINNING OF
`� PARCEL A 6 EXCEPTION AREA 1 I a
z N°o LINE ADJUSTMENT zi oI w
m F'o C. NO. 19549144) Lz o t EXCEPTION 0- 2.0'121 TO�, 1 STORMWATERo m 1 FACILITY z N J o TORMWATER MANAGEMENT o
za' t z ._ 150.00' FACILITY L41 EASEMENT o1 ^
12.0' �I- S 89'53'30"W 187.00' �j MANAGEMENT
25.0' EASEMENT 7 ZI 'OO
8.0'
'^ I
0o I
of L589-58-10--W 205.33'
5 89°53'30"W 475.61' (475.64')
EXCEPTION AREA 3 S 89`53'30"W 475.62' (475.64')
5 89°53'30"W 475.64'
- f (S 89°50'30"W) _ -
STEVENS CREEK BLVD
PLAT TO ACCOMPANY LEGAL DESCRIPTION DATE SEPT 2007
STORMWATER FACILITY MANAGEMENT EASEMENT SCALE 1" = 100'
CUPERTINO CALIFORNIA I DR. BY CSSIAV
VTT i�7�i+ "All " KIER & WRIGHT JOB A05235
EXHIBIT A CIVIL ENGINEERS & SURVEYORS, INC. SHEET NO.
3350 Scott Boulevard,Building 22 (408)727 6665 ^y
usca:"wm, is�aartcrs�gosvo�owc�suev EY�u-smauwnxe-vuna.e sw 1."7,zW7 11:..w Santa Clara,California 95054 fax(408)727 5641 2 OF 2
„ NO FEE”
City of Cupertino
CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with the
provisions of Section 27281 of the Government Code.
This is to certify that the interest in real property conveyed by the deed or grant dated,
July 9th, 2007 from
APN: 326-31-018, 326-31-020
to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council
on March 20, 2007 and the grantee consents to recordation thereof by its duly authorized officer,
Dated: September 10, 2007
Mary 'dwme
City;Clerk's Office
v'
RECORDING REQUESTED BY:
DOCUMENT: 19408057 Pages 19
City of Cupertino WHEN RECORDED, MAIL TO: II II III II I II III I III I II II Copies No Fees
AMT PAID
City Clerk's Office
City of Cupertino REGINA ALCOMENDRAS RDE # 911
10300 Torre Avenue SANTA CLARA COUNTY RECORDER 5/91/2997
Cupertino, CA 95014-3255 Recorded at the request of 2:03 PM
City
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOV. CODE 6103
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #326-31-018, 326-31-020
01 .
� an�c
G�VGA
9 Original
O For Fast Endorsement
)
RECORDED AT THE REQUEST OF )
and
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDERS USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel# 326-31-018; 326-31-020
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement")
is made and entered into this 1st day of August, 2006, by Paul E. Weiss and Barbara H. Weiss, as
Trustees of the Weiss Family Trust, dated December 13, 1982, Mark Bennett Weiss, Linda Weiss
Lipinski, and Richard Alan Weiss, (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 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 Kier & Wright Civil Engineers &
Surveyors, Inc. and dated January 31, 2006, which plans and any amendments thereto, are on
I
file with the Public Works Department of the City of Cupertino, attorneys' fees, arbitration
fees or costs and court costs, arising out of or related to the use of the easement described
herein, 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 and/or intentional acts of any of the CITY'S employees, agents, representatives,
contractors, vendors, or consultants.
C. Attornevs' Fees: In the event that any party institutes legal action of 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 costs, expenses and damages.
D. 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.
E. Entire Agreement: This Agreement constitutes the entire agreement of the parties with
respect to the subject mater 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.
F. Serverabilitv: In the event any part or provision of the 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.
G. No Waiver: The waiver of an covenant contained herein shall not be deemed to be a
continuing waiver of the same or any other covenant contained herein.
R Amendment: This Agreemement 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
event 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.
I
City Hall
10300 Torre Avenue
j,
Cupertino, CA 95014-3255
Telephone: (408)777-3223
FAX: (408)777-3366
CITY OF
CUPEkTINO
CITY CLERIC'S OFFICE
April 20, 2007
Santa Clara County Recorder's Office
70 West Hedding Street
San Jose, CA 95110-1768
DOCUMENT FOR RECORDATION
Stormwater Management Facility Easement Agreement—
APN 326-31-0189 326-31-020
The enclosed document is for recording. If you have any questions or concerns, please contact
our office at (408) 777-3223.
Sincerely
Mary Redwine
City Clerk's Office # IVOM-7
Itk
Priniad nn Recycled Panar
RECORDING REQUESTED BY:
City of Cupertino
WHEN RECORDED,MAIL TO: �
City Clerk's Office
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014-3255
(SPACE ABOVE THIS LINE FOR RECORDER'S USE)
NO FEE IN ACCORDANCE
WITH GOO. CODE 6903
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel #326-31-018, 326-31-020
rV"Original
Far Fast Endorsement
1
RECORDED AT THE REQUEST OF )
and
WHEN RECORDED RETURN TO: )
SPACE ABOVE FOR RECORDERS USE ONLY
STORMWATER MANAGEMENT FACILITY
EASEMENT AGREEMENT
County Assessor's Parcel# 326-31-018; 326-31-020
THIS STORMWATER MANAGEMENT FACILITY EASEMENT AGREEMENT ("Agreement")
is made and entered into this Ist day of August, 2006, by Paul E. Weiss and Barbara H. Weiss, as
Trustees of the Weiss Family Trust, dated December 13, 1982, Mark Bennett Weiss, Linda Weiss
Lipinski, and Richard Alan Weiss, (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 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 Kier &Wright Civil Engineers &
Surveyors, hie. and dated January 31, 2006, which plans and any amendments thereto, are on
file with the Public Works Department of the City of Cupertino, attorneys' fees, arbitration
fees or costs and court costs, arising out of or related to the use of the easement described
herein, 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 and/or intentional acts of any of the CITY'S employees, agents, representatives,
contractors, vendors, or consultants.
C. Attomevs' Fees: In the event that any party institutes legal action of 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 costs, expenses and damages.
D. 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.
E. Entire Agreement: This Agreement constitutes the entire agreement of the parties with
respect to the subject mater 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.
F. Serverability: In the event any part or provision of the 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.
G. No Waiver: The waiver of an covenant contained herein shall not be deemed to be a
continuing waiver of the same or any other covenant contained herein.
H. Amendment: This Agreemement 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
event-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.
Executed the day year first above written.
(GRANT R�)d \
By:.
Paull,, Weiss
By: R�aG� fXf Cyr°
arbara H. Weiss
By:
Mark B
By:
Linda Weiss Lipinski
By: �I
Richard Alan Weiss
(Notary acknowledgement to be attached)
CITY OF CUR ERTINO
By:
Name: .03}*J e J %-. a`A�4 P&
Title:
4 B
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
*� A c-r � 1%_A ss.
County of r1
On 'IPS ( 3, b before me, � Psf
Date p11k6813�g6�MV'(3Q.,"Jane Doe,Notary Public")
personally appeared 61 Q%Zk rvs •w.r'f55 , 630ix,3,+i Fit A 4. (S,jM Krtl(
° Neal of Sign.,(.)
(b, ✓AvaPS`r Wzr-(5 5, tW�1A of 5- f-1X1-- -ef- , YL 64 AMA Al/-{fW1A '�
❑ personally known to me
",proved to me on the basis of satisfactory evidence
IiERBERT L.HAMERSLOUGH t0 e the person(s) whose name(s),t�`/are subscribed
Commission#t 462035 to the within instrument and acknowle ged to me that
Notary h ipiey executed the same in Wh /their
Camta a County authorized capacity(ies), and that by I /their
u ma
Expires Feb 9,2006 signature(s) on the instrument the person(s), or the
i San
My
y,. u entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above (
tt Signature of Notary Public
OPTIONAL
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 ®f Attached ®C,ment 6
Aye ptS°A 1
Title or Type of Document: / b rlJh W �`� !� G �" t° h c t� L� fl'G 2v^a^A7
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Si ner's Name: Signer's Name:
Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General :•• ❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact Top of thumb here ❑ Attorney in Fact Top of thumb here
❑ Trustee ❑ Trustee
❑ Guardian or Conservator ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer Is Representing: Signer Is Representing:
©2004 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 her,No.5907 Reorder',Call Toll-Fuse 1-800-8]6-682]
STATE OF CALIFORNIA )
) : SS
COUNTY OF SANTA CLARA ) SC� ��1� �� / C
On }f'0 4 i 20/ � 1 20_, before me, EM C A< ) pers nally U
appeareCi . ),A V\d I ). ((/nn, personally known to me ar}a eon+hP h
o-f�ai�fast �; to be the rson whose name is subscribed to be within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
NOTARY PUBLIC
C GRACE SCHMIDDT [SEAL]
CommNtion 0 1720127
SantaPuVc C"
N
ouY Comm.E:pkes Fah 21, 2011
EXHIBIT A
LEGAL DESCRIPTION
All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California,
described as follows.
PARCEL ONE:
A portion of the West 1/2 of the Southwest '/4 of the Northwest 1/4 of Section 13, Township 7 South,
Range 2 West, Mount Diablo Base and Meridian, described as follows:
BEGINNING At a nail set in the Westerly line of said Section 13, distant thereon North 185.00 feet
from an iron bar at the Southwesterly comer of said Northwest '/4 of Section 13; thence along said
Westerly line of Section 13, North 59.32 feet at a nail at the intersection thereof with the Westerly
prolongation of the Southerly line of the certain parcel of land conveyed to Evelyn Marie Maderis, et
vir, by Deed recorded in Book 2623 of Official records, page 65, Santa Clara County Records; thence
along said prolongation and said Southerly line, East 128.00 feet to an iron pipe at the Southeasterly
corner thereof; thence along the Easterly line of lands so conveyed.to Maderis,North 90.00 feet to an
iron pipe at the Northeasterly corner thereof, thence along the Northerly line of said lands so conveyed
to Maderis and the Westerly prolongation thereof, West 128.00 feet to a nail in said Westerly line of
Section 13; thence along said Westerly line of Section 13, North 114.48 feet to a nail at the intersection
thereof with the Westerly prolongation of the Southerly line of the certain parcel of land conveyed to
Assembly of God of Monta Vista, Cupertino, California, a corporation, by deed recorded in Book 3583
of Official records,page 207, Santa Clara County Records; thence along said prolongation and said
Southerly line of said lands so conveyed to said Assembly of God, East 662.40 feet to an iron pipe at the
Southeasterly corner thereof in the Easterly line of the West Yz of the Southwest '/4 of said Northwest 1/4
of Section 13; thence along last mentioned line, South 0°01' 50" East 447.55 feet to a point in the
Southerly of said Northwest '/4 of Section 13; thence along last mentioned line (being also the original
center line of Stevens Creek Boulevard) South 89°50' 30"West 475.64 feet to the Southeasterly corner
of Parcel 2 as described in the Deed to Western Title Guaranty Company, Santa Clara County division, a
corporation, recorded in Book 4728 of Official Records, page 498, Santa Clara County Records; thence
along the Easterly line of said Parcel 2 and the Easterly line of Parcel 1 as described in the last
mentioned deed, North 185.00 feet to an iron pipe at the Northeasterly corner of said Parcel 1; thence
along the Northerly line of said Parcel 1 and the westerly prolongation thereof; South 89°53' 30"West
187.00 feet to the POINT OF BEGINNING. CONTAINING 5.758 acres, more or less.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip of land fifteen (15).feet in width, measured at right angles, a portion of that certain parcel
of land described in the deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records of
Santa Clara County at page 274, et seq., more particularly described as follows:
BEGINNING at the intersection of the Easterly line of the above- referenced parcel with the existing
line of Stevens Creek Boulevard at 30.00 feet from the original centerline thereof; and running thence
along said line of Stevens Creek Boulevard South 89'53'30" West 475.64 feet; thence due North 15.00
feet to the intersection with a line drawn parallel to and distant Northerly at right angles 45.00 feet from
said original centerline of Stevens Creek Boulevard;
thence along said parallel line North 89'53' 30"East 475.64 feet; thence South 0°01' 50" East 15.00
feet to the point of beginning and containing 0.164 acres of land, more or less,
ALSO EXCEPTING THEREFROM the following described parcel of land:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land
described in the Deed of Chaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet in width, distant thereon due
North 185.00 feet and due East 12.00 feet from the Southwestern corner of the Northwest I/4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; running thence along said line
of Stelling Road due North 59.32 feet; thence due East 25.00 feet to the intersection with a line drawn
parallel to and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned
Northwest ''/4 of Section 13; thence along said parallel line due South 59.32 feet; thence due West 25.00
feet to the point of beginning and containing 0.034 acres of land, more or less.
ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land
described in the Deed to Chaffetz and Lavine, recorded in Book 6705 of Official Records, page 274, et
seq., Santa Clara County Records, and more particularly described as follows:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet in width, distant thereon due
North 334.32 feet due East 12.00 feet from the Southwestern corner of the Northwest %4 of Section 13,
Township 7 South, Range 2 West, Mount Diablo Base and Meridian; thence along said line of Stelling
Road due North 114.48 feet; thence due East 25.00 feet to the intersection with a line drawn parallel to
and distant Easterly at right angles 37.00 feet from the Westerly line of the aforementioned Northwest %4
of Section 13; thence along said parallel line due South 114.48 feet; thence due west 25.00 feet to the
POINT OF BEGINNING and containing 0.066 acres of land, more or less.
PARCEL TWO:
BEGINNING AT A POINT in the Easterly line of Stelling Road at 40 feet wide, distant thereon 378.48
feet South of the point of intersection of said line of Stelling Road, with the Westerly prolongation of
Southerly line of Tract No. 936, the Map of which was fled for record May 12, 1952 in Book 36 of
Maps, page 52, Santa Clara County Records; thence along said line of Stelling Road, South 90.00 feet;
thence leaving said line at right angles East 116.00 feet to an iron pipe; thence at right angles North and
parallel with said line of Stelling Road, 90.00 feet to an iron pipe; thence at right angles West 116.00
feet to the point of beginning and being a portion of the Northwest '/4 of Section 13, Township 7 South
Range 2 West, Mount Diablo Base and Meridian.
EXCEPTING THEREFROM the following described parcel of land:
BEING a strip of land 25 feet in width, measured at right angles, a portion of that certain parcel of land,
described in the Deed to Lansford, recorded in Book 6834 of Official Records of Santa Clara County, at
page 22, et seq., more particularly described as follows:
BEGINNING at a point in the Easterly line of Stelling Road, at 40 feet in width, distant thereon due
North 244.32 feet and due East 12.00 feet from the Southwestern comer of the Northwest 1/4 of Section
13, Township 7 South, Range 2 West, Mount Diablo Base and Meridian; and running thence along said
line of Stelling Road due North 90.00 feet; thence East 25.00 feet to the intersection with aline drawn
parallel to and distant Easterly 37.00 feet from the Westerly line of the aforementioned Northwest 1/4 of
Section 13; thence along said parallel line South 90.00 feet; thence West 25.00 feet to the point of
beginnning and containing 0.052 acres of land, more or less.
EXCEPTING THEREFROM PARCELS ONE AND TWO the underground water or rights thereto,
with no right of surface entry, as granted to the City of Cupertino by instrument recorded
November 09, 1980 in Book K 752, page 274, Offical Records.
ARB No: 326-31-018, 020
APN No: 326-31-018; 326-31-020
VERIFICATION
I have reviewed this Agreement and to the best of my Icnowledge, the information contained
herein is true and complete.
I verify Linder penalty of perjury under the laws of the State of California, that the foregoing is
true and correct.
Executed on the 8th day of December, 2006, at Cupertino, California.
Candice Kido
City Clerk's Office
City of Cupertino
City Hall
10300 TotTe Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408)777-3366
CITY OF
CUPE�TINO
CITY CLERK'S OFFICE
April 20, 2007
Santa Clara County Recorder's Office
70 West Hedding Street
San Jose, CA 95110-1768
DOCUMENT FOR RECORDATION
Stormwater Management Facility Easement Agreement—
APN 326-31-0189 326-31-020
The enclosed document is for recording. If you have any questions or concerns, please contact
our office at (408) 777-3223.
Sincerely,
� ) l
Marry'Redwine J
City Clerk's Office
Printed on Recycled Paper
