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E-667 Reciprocal Agreement Granting Ingress/Egress Easement, 10260 & 10300 South De Anza Boulevard DOCUMENT: 21352902 Pages: 12 RECORDING REQUESTED BY: Fees. . No Fees Taxes. . City of Cupertino Copies. . AMT PAID WHEN RECORDED, MAIL TO: REGINA ALCOMENDRAS RDE # 024 SANTA City Clerk's Office Recorded Aat the Nrequestt ofR 18: 114/AM1 1 City of Cupertino C i ty 10300 Torre Avenue Cupertino, CA 95014-3255 (SPACE ABOVE THIS LINE FOR RECORDER'S USE) NO FEE IN ACCORDANCE WITH GOV. CODE 27281 • RECIPROCAL AGREEMENT GRANTING INGRESS/EGRESS EASEMENT WELLS FARGO BANK, N.A., a National Banking Association 10260 and 10300 South De Anza Boulevard, Cupertino APN 369-40-003 Original O For Fast Endorsement 10300 Tone Avenue Cupertino, CA 95014 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Helen Sedwick, Esq. Bennett Valley Law 2896 Bardy Road Santa Rosa, CA 95404 [SPACE ABOVE THIS LINE FOR RECORDER'S USE.] Assessor's Parcel No. 369-40-003 The undersigned Grantors declare: Documentary transfer tax is $0 County $0 City Gov Code Section 27281 RECIPROCAL AGREEMENT GRANTING INGRESS/EGRESS EASEMENT 10260 and 10300 South De Anza Boulevard, Cupertino This RECIPROCAL EASEMENT GRANTING INGRESS/EGRESS EASEMENT ("Agreement") is made as of SEPTE-■ tER cZ , 2011 by and between JJG INVESTMENTS, LLC, a California limited liability company ("JJG"), and WELLS FARGO BANK, N. A., a National Banking Association ("WFB"). RECITALS A. JJG is the owner of that certain improved real property commonly known as 10300 South De Anza Boulevard, Cupertino, California, more particularly described on Exhibit A attached hereto and incorporated herein by reference (the "10300 Property"). B. Pursuant to that certain Agreement Granting Ingress/Egress Easement dated as of February 11, 2011 and recorded on April 12, 2011 as Document 21143064, Santa Clara County Records (the "Existing Easement Agreement"), WFB granted certain easement rights for the benefit of the 10300 Property over that property commonly known as 10260 South De Anza Boulevard, Cupertino, California, more particularly described on Exhibit B attached hereto and incorporated herein by reference (the"10260 Property"). C. The City of Cupertino ("City") has requested that JJG grant similar easement rights for ingress and egress for the benefit of the 10260 Property over the 10300 Property. JJG and WFB wish to enter into this Agreement to grant reciprocal 1 access rights. It is the intent of the parties and the City that this Agreement shall supersede, replace and terminate the Existing Easement Agreement. IT IS THEREFORE AGREED: 1. Grant of Ingress/Egress Easement by JJG. JJG hereby grants to WFB a non-exclusive easement and private right of way for the benefit of and appurtenant to the 10260 Property for the purposes of vehicle and pedestrian access, ingress, egress and cross circulation over and along the paved drive aisle area of the parking lot located on the 10300 Property (the "10300 Property Easement Area") for access to public streets by WFB, its successor and assigns, and their customers, guests, invitees, contractors and employees (the "10300 Easement"). 2. Grant of Ingress/Egress Easement by WFB. WFB hereby grants to JJG a non-exclusive easement and private right of way for the benefit of and appurtenant to the 10300 Property for the purposes of vehicle and pedestrian access, ingress, egress and cross circulation over and along the paved drive aisle area of the parking lot located on the 10260 Property (the "10260 Property Easement Area") for access to public streets by JJG, its successor and assigns, and their customers, guests, invitees, contractors and employees (the "10260 Easement"). The 10300 Easement and 10260 Easement Areas are hereinafter collectively referred to as the "Easement Area"). 3. Termination of Existing Easement Agreement. This Agreement shall supersede in its entirety the "Existing Easement Agreement." JJG and WFB hereby agree (and the City by approving the form of this Agreement hereby agrees) that upon recordation of this Agreement (i) the Existing Easement Agreement is terminated, null and void, (ii) hereafter the Existing Easement Agreement shall have no legal force or effect, and (iii) any easement rights or obligations set forth in the Existing Easement Agreement are hereby superseded and replaced in their entirety with the easement rights and obligations set forth in this Agreement. JJG hereby surrenders, transfers and quitclaims to WFB any and all interest to the rights granted under the Existing Easement Agreement. 4. Access and Use. Notwithstanding any provision herein to the contrary, the parties reserve the right to make repairs, alterations and improvements to the portion of the Easement Area located on their respective properties (including without limitation restriping and relocating the parking spaces, wheel-stops and curbs located thereon from time to time) without the prior written consent of the other party, provided that such alterations or improvements upon completion do not materially interfere with the use of the easement rights granted to other party. The parties further agree that each party shall have the right to temporarily close portions of the Easement Area located on their respective properties as reasonably necessary to perform such alterations, improvements and to perform repairs and maintenance. 5. Location of Shared Driveway. The parties agree to construct a driveway to connect their respective properties beginning at a point on the Northerly boundary 153.00 feet from the intersection of the Westerly and Northerly boundary lines of 10300 4. Property and continuing for 25.00 feet, as shown on Exhibit C ("Shared Driveway"). Each party at its sole cost shall be solely responsible for the relocation of its trash enclosure and/or dumpster from the Shared Driveway area to another location on such party's property. 6. Construction and Maintenance of Shared Driveway. The Shared Driveway shall be constructed and maintained by the parties in good repair and in a condition consistent with or better than the condition of commercial parking lots in the vicinity of the 10300 Property and the 10260 Property. The cost of the initial design and construction of the roadway and related improvements shall be allocated between JJG and WFB as shall be agreed between the pa-ties pursuant to a separate agreement. The cost of on-going maintenance of the roadway shall be shared equally by the parties. The parties shall provide each other with not less than thirty (30) days prior written notice of any construction within the Easement Area or the Shared Driveway. All improvements shall be constructed and maintained in compliance with all applicable laws and in such a manner which reasonably minimizes any inconvenience or disruption with the normal business operations on either the 10300 Property or the 10260 Property. 7. Acknowledgement. JJG and WFB acknowledge that the easement rights granted herein have been granted pursuant to conditions imposed by the City. The City may, but is not obligated to, enforce this Agreement. The easement rights granted herein may not be eliminated or altered without the prior written consent of the City. 8. General Provisions. (a) No Public Dedication. Nothing contained in this instrument will be deemed to be a gift or dedication of any portion of the 10300 Property or the 10260 Property to the general public or for any public purposes whatsoever, it being the intent of WFB and JJG that this instrument will be strictly limited to and for the purposes expressed herein. (b) Binding Effect. The easement rights and obligations granted by this Agreement shall run with the land and shall be binding on and shall inure to the benefit and burden of JJG, WFB and their respective successors and any other person or entity which at any time hereafter shall become the owner of the 10300 Property or the 10260 Property. Notwithstanding the foregoing, neither WFB nor JJG shall have any rights or obligations under this Agreement following the sale and transfer of their fee interest in their respective properties. (c) Attorneys Fees. 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 attorneys' fees, costs and expenses. (d) Entire Agreement. This instrument contains the entire agreement relating to the rights herein granted and the obligations herein assumed. Any oral representations or modification concerning this instrument shall be of no force and effect 3 excepting a subsequent modification in writing, signed by the party to be charged, and the City of Cupertino. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first set forth above. JJG: JJG INVESTMENTS, LLC, A California limited liability company By: 1 It i I 1 J. ; Liu, OF Sole and Managing Member WFB: WELLS FARGO BANK, N.A., a National Banking Association P. iji ` C Ci ft 4›r Its: �. Assd- Ntay,.ar ii-- . APPROVED AS TO FORM: City of Cupertino, a California municipal corporation By: "- 1�- Its: '" 'GC"--t- 4.---L— ALL SIGNATURES MUST BE NOTARIZED. 4 State of CA County of Oli:47,6, On dig f>7ef e me, Ac"e/4" `r("4' "), a notary public, personally appeare , 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/theyy executed the same indlis/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 is true and correct. NICHELLE RUSSIEN ;F 4-1,r-1.24:: Commission#1806499 Witness m '.nd and official seal. µ Notary Public•California Santa Clara County l My Com.Expires JuI s 2012I Signatu e I% � _ 1��l7 C.�? (Seal) - - - - - _ _ . State of CA • County of On .4.10.-t-- 7 / before me, 4/14,- , a notary public, personally appeared f- t ?°°_ , who proved to me on the basis of satisfactor ev dence to be the persons) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity lies.), and that by his/her/their signature(s) on the instrumen Ine 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 is true and correct. Witness my hand and official seal. Seal Signature ( ) JuUY GUNZALES Commission # 1893659 Notary Pubtic -California J San Francisco County M Comm.Ex fires Jun 25,2014 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 9 State of California t / .) County of SANTA CL At A C i t On SC—PT c2- , 2.0"" before me, K�RST& R€ ' SQ'AActIA NcTAi .Y Puot-ic, t� Date Here Insert Name and Title of tft'e Officer j 9�' personally appeared Ai c' to W. KNP.PP y Name(s)of Signer(s) t who proved to me on the basis of satisfactory y tevidence to be the person(s)' whose name,(s19are subscribed to the within instrument and acknowledged c to me that (j she/they executed the same in t her/their authorized capacity,(ieS), and that by t i her/their signatures) on the instrument the t person( ), or the entity upon behalf of which the person0) acted, executed the instrument. h •) A I certify under PENALTY OF PERJURY under the 1 c i:. KIRSTENi RENEE SOUARCIA laws of the State of California that the foregoing 9 t Commission#� 1906898 �''T ..,'� Notary Public-California paragraph is true and correct. t ^ M Comm. Clara es Oct 4.2014 Y WITNESS my hand and official seal. „ t■Signature: . ' Ai. _ - = . - - 22 Place Notary Seal Above Signature of Notary Public ay OPTIONAL ; Though the information below is not required by law, it may prove valuable to persons relying on the document V and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document r o Z.G o ANi 10300 S. Pe AA-12A l3L..✓P" c✓PeP.T,n/i' t Title or Type of Document: REcl P/LocAL A&REenc 'r Gk4rNr/N6 /NCy-g-ESS/E&-t cc EASgteAJT ; Document Date: S EP T E,v13 R. Vi. , Z o tt Number of Pages: 9 Signer(s) Other Than Named Above: SAM FS LIV, JEFF iSoPErL AWD LavLEE 9 t Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: 4 y El Corporate Officer—Title(s): 1]Corporate Officer—Title(s): ` RIGHT THUMBPRINT RIGHT THUMBPRINT 9 ❑ Individual OF SIGNER ❑ Individual OF SIGNER 4 ❑ Partner—❑Limited ❑General Top of thumb here ❑ Partner—❑Limited ❑General Top of thumb here 4 t III Attorney in Fact ❑Attorney in Fact 4 ❑ Trustee [1 Trustee V ❑ Guardian or Conservator [1 Guardian or Conservator ❑ Other: ❑Other: i 4 Signer Is Representing: Signer Is Representing: 4 V t•—•._..�,._.A_,.. `,... _.. -,ti..ti,. ,._, ._,. .�. ti.A.ate.A-.• -. ti..._."-,ti.•`.ti.• ., -.`,�. ti._,....._.^-.ti,,, -.._.BAs ©2009 National Notary Association•NationalNotary.org•1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT A 10300 PROPERTY PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CM OF CUPERTINO, COUNTY OF SANTA CLARA,STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: PARCEL ONE; A portion of Lot 6,as shown on that certain Map entitled,"Tract.Nu. 3/43 Cupertino town Center",which Map was filed for record in the office of the recorder of the County of Santa Clara, State of California, on October 16, 1984 in Book 186 of Maps, pages 36 and 37 anc being more particularly described as follows: Beginning at a 3/4 inch iron pipe found at the Southeast corner of that certain parcel of land conveyed in the deed from Wafter L.Jensen, to Wells Fargo Bank, a corporation, dated April 26, 1982 and recorded May 1, 1962 in Book 5558 of Official Records,page 581;thence from said point of beginning,along the Southerly line of said parcel so deeded to Wells Fargo Bank N.890 03 20''W.700.00 feet to a point on a line drawn parallel with the center line of the original center line of the Saratoga Sunnyvale Road, (60 feet wide) and distant Easterly 60.00 feet measured at right angles thereto; thence along said parallel line S.0.)53' 20" W. 100.00 feet; thence parallel with the Southerly line of said parcel of land so deeded to Wells Fargo Bank, S. 03' 20" E. 200.00 feet to a point on the Southerly prolongation of the Easterly line thereof; thence along said prolonged line N.00 53' 20" E. 100.00 feet to the point of beginning. PARCEL TWO: A non-exclusive easement in,through,over,along,and across that portion of the CTC/Associatiori property for the purposes of pedestrian and vehicular access, ingress and egress,as described in that certain Reciprocal Easement Agreement recorded on August 3, 2005, Instrument No. 18507382, Santa Clara County Records. APN: 369-40-003 6 EXHIBIT B 10260 PROPERTY PROPERTY DESCRIPTION Beginning at the Northwesterly corner of the North 1/2 of the Southwest 1/4 of the Southeast 1/L& of Section 13,, Township 7 South, Range 2 West, M.D.M. -aid corner bents on the original centerline of Saratoga--Sunnyvale Road, _aslant along aafd original centerline South 0° 53' 20" west, 1325.52 feet from a granite monument on the original centerline of Stevens Cr*ek Road; thence leaving said point of beginning along the Northerly line of said ?forth L/2 of the Southwest L/4 of the Southeast 1/4 of Section 13, South S9° 031 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 Sratoga-Sunnyvale Road; thence Leaving said Northerly Line along acid 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 frota said Northerly line of the North 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 13; thence toaving said parallel tine along said last described parallel. line torch 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 00 531 20" East, 1,090.52 feet from the intersection thereof with the Southerly line of said Section 13; thence leaving said erallel litre 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/t of the Southeast 1/4 of Section 13, Township 7 South, flange 2 West, M.D.13. & M. 2ESE tvING FROM the hereinabove described real property for the benefit :f the reixaining lands of the grantors. herein, an easeeetzt end right of way for ingress and egress and for the installation and maintenance of public utilities over, under, or across the Northerly 35.00 feet er.d being measured at right angles to the Northerly line of the hereinabove escribed real property. 7 EXHIBIT C B SHARED DRIVEWAY 1 a 1 — 1 iaaaa bUm1 vC Nut.131-vv. c.L.111vrtio,GA — 1 ---. 1 11 154,0,. ,, 25k-G, A 0 T ./. TM:MT UK 112610'WORK M MIR=I rsurtCJ 20 tao■o.VEST i y1 SA , l ;al • 14:6-la 9[21111 tit AMA 111...4). 1' __ Cll71erlAri.cA - •P[.f ST MµM:P o HF7 HNf U' N.4„.,14,1 N.4„.,14,1 rA I , I ..:.\\\''.\\_______, t MI%IN. R rowan UK 1,0ND'IUflll I'1 Ra.IRl,M NMl[S 20 YYl.IO!MDT x� ,, , 8 DETAIL OF SHARED DRIVEWAY il 9 n to C_, .t . . i / in kit N teat I - 9i a i C_ /_ R <a Q aU L 2 _ _ __ __ -T / . 1 9 "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, September 12th, 2011 from 10260 and 10300 South De Anza Boulevard, Cupertino Dated: September 12, 2011 • By: G- ;\ Kirsten Squarcia City Clerk's Office 10300 Torre Avenue Cupertino, CA 95014