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E-660 Agreement Granting Ingress/Egress Easement, 10260 South De Anza Blvd, APN 369-40-016 and 369-40-003 DOCUMENT: 21143064 Pages 9 RECORDING REQUESTED BY: 1 II I II II II Fees .... * No Fees Taxes.. City of Cupertino Copies . . AMT PAID WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE 14 009 City Clerk's Office SANTA CLARA COUNTY RECORDER 4/12/2011 City of Cupertino Recorded at the request of 10 :54 AM 10300 Torre Avenue C i t y Cupertino, CA 95014 -3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 AGREEMENT GRANTING INGRESS /EGRESS EASEMENT WELLS FARGO BANK N.A., A CALIFORNIA CORPORATION 10260 SOUTH DE ANZA BOULEVARD APNs 369 -40 -016 & 369 -40 -003 Original O For Fast Endorsement 10300 Torre Avenue Cupertino, CA 95014 Mirit This Easement Agreement ("Agreement") is entered into this day of �Lyy 11.9,0, by WELLS FARGO BANK, N.A., a rirnia corporat on ere natter refs w reed to as Bank "). AISCITALA 1. Bank is the owner of certain real property located in the City of Cupertino, County of Santa Clare, State of California described as 10260 South De Anaa Blvd., Cupertino more specifically described and shown on the attached Exhibits "A" and "3 incorporated herein by referer.►cu. 2. Bank has applied for and has received approval by the City of Cupertino for Use Permit 10-U -90. 3. Said approval by the City of Cupertino was the condition that Bank grant ingress /egress easements asaherea provided. 4. Bank desires to comply with said condition and to provide for its implementation. S IT I: THEREFORE AGREED: 1. Bank has executed this document and the same shall be recorded in consideration of the City's approval, 2. Hank hereby grants an easement to the owners of parcels of property in the City of Cupertino including but not limited to the owners of the following specific parcels: 369 -40 -016 and 369 -40 -003, as called out in Resolution 4268, Condition No, 12, fulfilling Condition No, 16. The easement contained herein pertaining to the adjoining site to the south, APN No. 369-40-03, shall be implemented at such time as the City of Cupertino requires participation, by the adjoining site to the south, in shared access, and at such time as such easement shall be implemented, Bank shall relocate the trash receptacle enclosure located at the point of ingress /egress. The easement is non - exclusive and shall be a private righ* -of- way for the benefit of and appurtenant to the above - described 1 1.- SOT *Reru$ Tel MOW 7910 t 0"10 "i0 �►i!'M 1 parcels for the purpose of vehicle and pedestrian access, ingress, evreas, and cross circulation over along and across parcel 369.40- 004 as depicted on Exhibit "B ", incorporated herein by referonoe, by the grantees, their ',sirs, administrators, executors, successors, and assigns, and their customers, guests, invitees, contractors and employees. 3. Location of Eaaaltm.rt The easement is located as follows: Easterly In real /Egress: Beginning at a point on the Easterly boundary line 98.00 :Feet from the intersection of the Northerly and Easterly boundary lines, continuing for 25.00 feet. • Southerly Ingress /Egress: Beginning at a point on the Southerly boundary line 153.00 feat from the intersection of the Westerly and Southerly boundary linos, continuing for 25.00 ft. 4. Construction and Maintenance of Easement. The roadway shall be constructed and maintained by Bank. 5. Genera. Proyiaionu a) =„ 1i_ajass,; ate nom, Nothing contained in this instrument will be deemed to be a gift or dedication of any portion of the parcels to the general public or for any public purpose whatsoever, it being the intent of the Bank that this in ltrume:.. will be strictly limited to and for the purposes expressed herein, b) Bl This grant of easement shall run with the land and shall be binding on and shall inure to the benefit of the Bank and the grantees, their respective successors and any person or other entity which at any time hereafter shall become the owner of any one or more of the parcels or any portion thereof described therein and in Exhibit "A ". c) Attorney's Eau,,, In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable attorney'a fees, coats and expenses. d) gntire Agm .nt This instrument contains the entire agreement relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged, and the City of Cupertino. 2 v.w.rkM `�" AU t 1 q a Ye IN WITNESS WMIUCF, the undersigned have executed this Agreement this /f day of Ft,t, 14-94 . Zb It WELLS FAR f��BANK, N.A. CITY C TIN B !�!a _.t By: t `4 1( Its: .'' if Its: CAT`( M a-&A � By: Or By: Its: Its: STAT ' . ` • LITORNIA, ) ) as. COUNTY �F on , 1990, before me, the un fined, a Not Public in and ?or said State, rsonally appearel personally known to me t or pro to me on the basis a. satisfactory evidence) to be the raons whose names sr subscribed to the within Instrument, and, nowledged to me that they executes the same. W17 %T.S my hand and official seal. Rotary public in and for said State. 3 E HIBIT 'A" Beginning at the Northwesterly corner of the North 1/2 of the Southwest 1/4 De the Southeast 1/4 of Section 13, Township 7 South, Range 2 West, M.D.;!. .aid corner being on the original centerline of Saratoga - Sunnyvale Road, _.scant along said original centerline South 0° 53' 20" West, 1325.52 feet from a granite monument on the original centerline of Stevens Creek Road; thence Leaving said point of beginning along the Northerly line of said North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 13, South 39° 03' 20" East, 260.00 feet to a point on a line parallel with and distant 260.00 feet Easterly measured at right angles from the hereinabove mentioned original centerline of Saratoga - Sunnyvale Road; thence Leaving said Northerly line along said parallel Line South 0° 53' 20" West, 225.00 feet to a point on a line parallel with and distant 235.00 feet Southerly measured at right angles from said Northerly Line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 13; thence leaving said parallel line along said Last described parallel line Xorth 89° 03' 20" West, 260.00 feet to a point on said original centerline of Saratoga - Sunnyvale Road, said point being distant along said original centerline North 0° 53' 20" East, 1090.52 feet from the intersection thereof with the Southerly line of said Section 13; thence leaving said arallel line along said original centerline of Saratoga- Sunnyvale Road !forth 0 53' 20" East, 235.00 feet to the point of beginning, being a portion of the North 1/2 of the Southwest 1/4 of the Southeast L/4 of Section 13, Township 7 South, Range 2 West, M.D.B. & M. .ESERVING FROM the hereinabove described real property for the benefit f the remaining lands of the grantors herein, an easement and right cc way for ingress and egress and for the installation and maintenance of public utilities over, under, or across the Northerly 35.00 feet and being measured at right eagles to the Northerly line of the hereinabove :.Ascribed real property. . 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CA. ,.....-...-- , • _,. 4 Au 118IHX 3 • ACKNOWLEDGMENT State of California County of /�/Mt C,..0.ca ) On / ..ems{ 1/ 2 /( before me, _ 9( ����r -�v in rt name d title of the offic personally appeared , / Z d— A_ _ /i who proved to me on the if satisfactory evidence to be the s erson whose n P () amek,$) 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 signaturejs) on on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JUDY GONZALES WIN Commission 4t 1893659 4 Notary Public • California 1,9 San Francisco County ' Comm. Ex iris Jun 25, 2014 Signature ,4 4., , (Seal) CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �;,.,:� c : e. zr� rc;�,,:e c�ec‹e ",,, ,-,— .e c/,ra .ff..,- ; . e �esc:e� r o c .e a c:�. c; ,0‹: t o c= .,tx,. ..,:rc c� y a 1 State of California County of SAr.) C-I- A On MARc -H 14 2-otl before me, 4<1EsTFr� Rai- Fe SQoi\( -cke= , IJoT�tR / P�fs Date l Here Insert Name and Title of the Officer .i personally appeared DRv ID vJ K N AF P 4 Name(s) of Signer(s) n I tq 1 1 who proved to me on the bas of satisfactory � 1 , evidence to be the person(er name(s� are S subscribed to the within instrument and acknowledged 5 to me that Yshe /they executed the same in hit her /their authorized capacityfieSj, and that by ii)her /their signatur94 on the instrument the • persorl(s), or the entity upon behalf of which the .) person(sacted, executed the instrument. p )' P 1 certif under PENAL OF PERJURY under the I H. _ KIRSTEN RENEE SCUARCIA laws of the State of California that the foregoing ' s Commission • 1906598 ��!� paragraph is true and correct. ^ - 1 Notary Public - California Santa Clara County / Comm E res pct,. 2014 WITNESS my hand and official seal. 5 ) Signature: WP — y s @@� t Place Notary Seal Above Signature of Not Public 9 ) OPTIONAL �� Though the information below is not required by law, P may prove valuable to persons relying on the document k and could prevent fraudulent removal and reattachment of this form to another document. y� Description of Attached Document Title or Type of Document: AG �M E^JT GRAAJT? n1G (tJGK - SS /CG EASEks JY . Document Date: 1"E a RU Ps 9-Y tt l 20 t t Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: r ❑ Corporate Officer — Title(s): - ❑ Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual RIGHT HUMBPRINT OF SIGNER OF ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General Top of thumb here Attorney in Fact ❑ Attorney in Fact y� ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: ; t 7� Signer Is Representing: Signer Is Representing: ;j v p) © 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 27281 of the Government Code. This is to certify that the interest in real property conveyed by the deed or grant dated, February 11, 2011 from 10260 South De Anza Boulevard to the City of Cupertino, a governmental agency is hereby accepted by order of the City Council on March 14, 2011 and the grantee consents to recordation thereof by its duly authorized officer. Dated: April 8, 2011 By: �' �A Tr ci Caton v Community Development Department 10300 Torre Avenue Cupertino, CA 95014