E-367 AGREEMENT GRANTING INGRESS/EGRESS EASEMENT, MIRAMONTE ST
II 6 0 8 PA GE 0 0 61NO FEE IN ACCORDANCE c: - 3 (, -/
WITH 60V CODl'i:: 6103
12663L~U
. 'FILED FOR RECORD
AT REQUEST OF
CITY OF CUPERTINO
SEp l3 II 35 AM '9~
Return to:
C'TY':OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
NO FEE [jj
OfFICIAL RECORDS
SANT A CLARA COUITY
BRENOA OAVIS
RECORDER
~GREEMENT GR~NTING INGRESS/EGRESS E~SEMENT
'rhis instrument is made by PARVIZ 1. NAMVAR (NAMVAR)
<applicant property owner).
REC I'r 1\LS
certain real property located in the city of cupertino,
1.
NAMVAR
(applicant) is the owner of
County of Santa Clara, State of California described as
property) as shown on the attached Exhibit "A" .
10881 Stevens Canyon Road
(set forth description of
incorporated herein by reference.
2.
NAMVAR
(applicant) has applied for and
has received approval by the City of cupertino for
Lot Line Adjustment
[i.e. tentative parcel map,
use permit, etc,]
J. Said approval by the city of cupertino was
granted upon the condition that
NAMVAR
(applicant) grant ingress/egress easements as hereafter
provided.
4.
NAMVAR
(applicant) desires to comply
with said condition and to provide for its
implementation.
IT IS 'rH8REI?OR8 AGREED:
c.c.l(a)
1
,,/
N608P~GE0068
1 . NAMV AR (applicant) has executed this
document and the same shall be recorded in consideration of
the City's approval.
2. Grant of lnaress/Earess Easement. NAMVAR
(applicant) hereby grants an easement to the owners of
parcels of property in the City of Cupertino bounded by_
Miramonte 5t. (streets) including but no limited to the
owners of the following specific Lot 36 of Book 152
of Maps at page 17, Santa Clara County Records.
The easement is non-exclusive and shall be a private
right-of-way for the benefit of and appurtenant to the above-
described parcels for the purpose of vehicle and pedestrian
access, ingreSS, egress, cross circulation and residential
vehicles parking in, over, along and across Lot 37
as depicted on Exhibit "A", by the grantees, their heirs,
administrators, executors, successors, and assigns, and their
customers, guests, invitees, contractors and employees.
3. Location of Easement. The easement is located as
followS: (see Exhibit "A").
C.C.1 (a)
2
N 6 0 8 PA GE 0 0 6 9
4. Construction Maintenance Repairs within Easement.
The roadway shall be maintained as follows:
The owners, successors and assignees of Lot 36
shall be jointly responsible for sharing the costs of
construction maintenance repairs of the cul-de-sac
improvements on Lot 37 and said costs shall be apportioned
equally between the owners, successors and assignees of
Lot 36 and Lot 37.
5. 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 parcels to the
general public or for any public purpose
whatsoever, it being the intention of the
NAMVAR (applicant) that this instrument will
be strictly limited to and for the purposes
expressed herein.
b) BindinQ Effect. This grant of easement
shall run with the land and shall be binding on and shall
inure to the benefit of the NAMVAR (applicant) and the
grantees, their respective successors and any person or other
entity which at any time hereafter shall become the owner of
anyone or more of the parcels or any portion thereof
described herein and in Exhibit "A".
c) Attornev's Fees. In the event of any
controversy, claim or dispute relating to this instrument or
the breach thereof, the prevailing party
eel (a)
3
N608P~GE0070
\
,
shall be entitled to recover reasonable attorney's fees,
costs and expenses.
contains the entire agreement relating to the rights
d. Entire Aqreement, This instrument
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.
IN WITNESS WHEREOF, the undersigned have executed
this 1\greement this 1\ \VI day of ~ ~ \'N4 "-<N-
By: ~~~
STATE OF CALIFORNIA,
59,
COUNTY OF
, 1986, before me, the
On
undersigned, a Notary public in and for said State,
personallY appeared
personallY known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are
subscribed to the within Instrument, and acknowledged to
me that they executed the same.
4
C,C.l(a)
N608pnGE0011
All-purpose Acknowledgement
AGRREMENT GRANTING INGRESS/EGRESS EASEMENT
State of
California
County of
Santa Clara
}
On
8/4/94
I before me, Brian C. Upton, Notarv Public
personally appeared
P;::rrvi'7. T N;::rrmTrlr
o personally known to me _ or - GJ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
c.
OFFICIAL SEAL
"~~ BR\M~ C. UP'TON
;Ii NOTARY PUBLIC-CALIf ORN I 1'0 .
. , b: PRINCIPAL OFFICE IN THE
_' ~ COUNTY OF SANTA CLARA
'0',:" My Commission Expires Aug. 4, 1995
5-0260 (Rev. 4194)
03-22-94 10:00AM FROM BRIAN KENGAS FAULK
I Brian Kangas Foulk
TO 14082520753
P015/01?
N 6 0 8 p~ GE 0 0 7 2
"
September 14, 1993
BKF Project No. 910309.10
...'- "..';,,\,"',;;T A
L1' ",; ~J <..,i j\ i
PROPERTY DESCRIPTION FOR:
ConslJllini EngillCel$
540 Pritt Avenue
Redwood thy. CA 94063
4151365-0412
fAX 41V-l6S-11Iin
INGRESS AND EGRESS EASEMENT OVER CORRECTED lOT 37
FOR THE BENEFIT OF:
CORRECTED LOT 36
SITUATE in the City of Cupertino. County of Santa Clara, State of California. described
as follows:
Portion of lot 37 as shown on the Record' of Survey filedt>ee.e4-~~ 14:-, 1993
in 800k.~ of Maps at Page ~ Santa Clara County Records, said easement
more particularly described as follows:
BEGINNING at the southerly corner of Lot 37 as shown on said Record of Survey, said
corner also rylng on the northeasterly line of Miramonte Road (40 feet wide);
THENCE northwesterly along said northeasterly line North 39012' 11" West 15.12 feet,
to a point on the arc of a non-tangent curve, concave to the northwest, having a radius
or 505.00 feet, whose radius point bears North 31. ~9' 16" west;
THENCE northeasterly along said curve an arc length of 81.41 feet, through a central
angle of 09. 14' 10", to a point of compound curvature;
THENCE northeasterly and northerly along said curve having a radius of 30.00 feet, an
arc length of 18.49 feet, through a central angle of 350 19' 02" to a point of reverse
curvature;
THENCE northerly and northeasterly along said curve having e redius of 24.00 feet, an
arc length of 24.32 feet, through a central angle of 58. 02' 58" to the northeasterly line
of Lot 37 as shown on said Record of Survey;
0'0300.131
- .. . . - . -.
03-.22-94 10:00AM FROM BRIAN KENGAS FAULK
TO 14082520753 P016/017
N 6 0 8 P~l GE 007 3
i;
Ingress and Egress Easement
September 14, 1993 '
Page 2
THENCE along the exterior of Lot 37 as shown on said Record of Survey the following
2 (two) courses;
1) THENCE southeasterly along said northeasterly line South 42. 04' 07" East 21.47
feet to a point on the arc of a non.tangent curve concave to the northwest having
a radius of 520.00 feet, whose radius point bears North 45. 43' 30" West;
2) THENCE southwesterly along said curve an arc length of 122.78 feet, through a
central angle of 130 31' 41" to the POINT OF BEGINNING. Containing an area
of 2,050 square feet, more or less. t..... c41 ~et;,; Move or kY!
Bing the area designated as "Ingress .and Egress Easement for the benefit of Lot 36 to
be created by separate document" as shown on said Record of Survey.
This description was prepared by:
Dated:
PK:pw
9103g~.i3fS
03~2.2-94 10: OOAM FROM BRIAN KENGAS FAULK
TO 14082520753
P017/017
~-13126'58' R-520.00 L_122.06
L-e5.12
~S~T ~. _= "'...09. 06' 57 R..535 .00
$: ~32"00'44' Rc30.00 I
~. L-16.76
. .
m. ~"'54.07'5S. R-24.00
~. L-22.67
~: INGRESS/EGRESS EASEMENT
N' FOR THE BENEFIT OF ADJUSTED
o Ill: LOT 37. 2. 5~3 S. F.
<C.
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STEVENS
CANYON ROAD
N 53.34'3S.E
115.50
P..O.B.
MOST NORTHERLY CORNER
OF FORMER LOT 36
-0
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C">
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.s:-
ADJUSTED
LOT 36
. (1'1
U'. en
if .... ADJUSTED ~. ui
- ~ LOT 37 ~ -. :.
l.U ~ IP_ .
U, ~ .. - ~ ~. 21, 048 S. F .
...en ;.J." ....
- .... ... In .....8:/. 0 . 4S~ AC.
at.. ~ . 0 (t..
~::: A-5S"22'OS. R=24.00 .:., "'0'
~:~ L-23.S1 .In""
U)".p) :~ ~:
'.1:1) ~ :/'
::6-35.1~:~r4:"':30.oo % : 5 41"!54'OS"E
. . 21.79
, 6-136"32'34'
\ ~ R-24.00
t""'" L-57.i9
J 121.80
/ 5 44. ~j'a.' 3S'W
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INGRESS/EGRESS
!ASEHENT
FOR BENEFIT OF
. ~ ADJUSTED LOT 36.
- (I), 2. 035 S. F .
-.t"
.~
~
ADJUSTED
LOT 39
ADJUSTED
LOT 38
,
\
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11
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ADJUSTED
LOT 40'
ADJUSTED
LOT 41
MOST SOUTHERLY CORNER PLAT TO
OF FORMER LOT 43A ACCOMPANY A LEGAL DESCRIPTION FOR
SCALE FEET ADJUSTED LOT 3&. 2i.048 S.F.
50 25 0 50 100 CITY OF CUPERTINO
r _~ COUNTY OF SANTA CLARA CALIFORNIA
BAlAN KANGAS FOULK Date: 2/24/92 Scal.: AS NOTED
CONSULTIN6 EN6INEERS B1: A.F .M. She.t PP-1
!I;..n PATr.F &VFMF RAlIIDdl CITY_ CALIF'. !I4G&3
N 6 0 8 PA GE 0015
RESOLUTION NO. 9179
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING "AGREEMENT GRANTING INGRESSIEGRESS EASEMENT"
BY PARVIZ 1. NAMV AR, LOT 36, MIRAMONTE STREET
WHEREAS, Parviz 1. Namvar, Grantor, has executed an "Agreement Granting
IngresslEgress Easement" which is in good and sufficient form, conveying to the City of
Cupertino, Grantee, an easement for ingress/egress purposes over the property situate in
the City of Cupertino, County of Santa Clara, State of California, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, consisting of
approximately 0.047 acre, located within Lot 37, Miramonte
Street.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
Grant so tendered; and
IT IF FURTHER RESOLVED that the City Clerk is hereby authorized to record
said Grant of Easement and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of September , 1994, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN :
Members of the City Council
Burnett, Dean, Sorensen, Koppel
None
Bautista
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Roberta Wolfe
Deputy City Clerk
THIS 15 TO CEFH!FY TH/\T TdE ~ITHli'-l
11'~5TPUM~NT ;"'j 1\ TRUE AND CORRc.CT COpy
OF THE OR'G!NAL UN fiLE IN THIS OFFICE.
I' t J. /9 9r/
ATTE5T.-!l!.jlP.4lUJ--.(AJ _,19_
CITY CLEF~K OF THE G,ITY OF CUPERTINO
8Y (i,LiC flA-t-Iu-~
fL CITY CLER
fW- fJ .
N 6 0 8 PA GE 0016
FORM NO.2
^GREEMENT GR^NTING INGRESS/EGRESS E~SEMENT
'rhis instrument is made by PARVIZ 1. NAMVAR (NAMVAR)
(applicant property owner).
RECI'fl\LS
1. NAMVAR (appl icant) is the owner of
certain real property located in the City of cupertino,
County of Santa Clara, State of California described as
10881 Stevens Canyon Road (set forth descr iption of
property) as shown on the attached Exhibit "A"
incorporated herein by reference.
2. NAMVAR (appl icant) has appl ied for and
has received approval by the city of cupertino for
Lot Line Adjustment [Le. tentative parcel map,
use permit, etc,]
J. Said approval by the city of Cupertino was
granted upon the condition that NAMVAR
(applicant) grant ingress/egress easements as hereafter
provided.
4. NAMVAR (appl icant) des i res to comply
with said condition and to provide for its
implementation.
IT IS 'r!-18REFOR8 AGR8ED:
c.c.l(a)
1
N 6 0 8 p~ GE 007 7
1 . NAMV AR (applicant) has executed this
document and the same shall be recorded in consideration of
the City's approval.
2. Grant of Ingress/Egress Easement. NAMVAR
(applicant) hereby grants an easement to the owners of
parcels of property in the City of Cupertino bounded by_
Miramonte St. (streets) including but no limited to the
owners of the following specific Lot 36 of Book 152
of Maps at page 17, Santa Clara County Records.
The easement is non-exclusive and shall be a private
right-of-way for the benefit of and appurtenant to the above-
described parcels for the purpose of vehicle and pedestrian
access, ingress, egress, cross circulation and residential
vehicles parking in, over, along and across Lot 37
as depicted on Exhibit "A", by the grantees, their heirs,
administrators, executors, successors, and assigns, and their
customers, guests, invitees, contractors and employees.
3. Location of Easement. The easement is located as
follows: (see Exhibit "A").
c.c. 1 (a)
2
.~. 6 0 8 pt\ GE 0 0 18
4. Construction Maintenance Reoairs within Easement.
The roadway shall be maintained as follows:
The owners, successors and assignees of Lot 36
shall be jointly responsible for sharing the costs of
construction maintenance repairs of the cul-de-sac
improvements on Lot 37 and said costs shall be apportioned
equally between the owners, successors and assignees of
Lot 36 and Lot 37.
5. General orovisions.
a) No Public Dedication. 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 intention of the
NAMVAR (applicant) that this instrument will
be strictly limited to and for the purposes
expressed herein.
b) Bindina Effect. This grant of easement
shall run with the land and shall be binding on and shall
inure to the benefit of the NAMVAR (applicant) and the
grantees, their respective successors and any person or other
entity which at any time hereafter shall become the owner of
anyone or more of the parcels or any portion thereof
described herein and in Exhibit "A".
c) Attornev's Fees. In the event of any
controversy, claim or dispute relating to this instrument or
the breach thereof, the prevailing party
CCl (a)
3
N 6 0 8 PA GE 0 0 19
\
,
shall be entitled to recover reasonable attorney's fees,
costs and expenses.
d. Entire Aqreement. This instrument
contains the entire agreement relating to the rights
herein granted and the obligations herein assumed, Any
oral representations or modifications concerning this
instruloent 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,
IN WITNESS WHF.nEOF, the undersigned have executed
this Agreement this 4 \1-1. day of ~ ~ \'lq4 \,.oN'
8y:2~~~
COUNTY OF
)
) SSe
)
STATE OF CALIFORNIA,
On
, 1986, before me, the
undersigned, a Notary Public in and for said State,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be th~ persons whose names are
subscribed to the within Instrument, and acknowledged to
me that they executed the same.
c.C.l(a)
4
~. 6 0 8 p~ GE 0 0 8 0
All-Purpose Acknowledgement
AGRREMENT GRANTING INGPESS/EGRESS EASEMENT
State of
California
County of
On
Santa Clara
}
8/4/94
,before me, Brian C. Upton, Notarv Public
personally appeared P;n",r; '7. T N;l1m~r
o personally known to me - or - GJ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislher/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.
c.
S-0260 (Rev. 4/94)
03-22-94 lO:OOAM FROM BRIAN KENGAS FAULK
I Brian Kangas Foulk
TO 14082520753 POl5/0l7
H 6 0 8 PA GE 008 I
..
September 14, 1993
BKF project No. 910309.10
... ~~, ' . '\f'~~ -; "~ A
; ~., : r ,; ,1
Lj "J a 3 '-' , I
PROPERTY DESCRIPTION FOR:
CoosukinD blgi"",,
~4D Pl1l1lMM
ReIliMlod Oty. CA 94063
415/365-D412
W AI~6S.1'lln
INGRESS AND EGRESS EASEMENT OVER CORRECTED LOT 37
FOR THE BENEFIT OF:
CORRECTED LOT 36
SITUATE in the City of Cupertino, County of Santa Clara. State of California. described
as follows:
Portion of Lot 37 as shown on the ReCOrd' of Survey filed~4-~&"'" 14:-, 1993
in BOOk'~ of Maps at Page ~ Santa Clara County Records, said easement
more particularly described as follows:
BEGINNING at the southerly comer of Lot 37 as shown on said Record of Survey, said
corner also rylng on the northeasterly line of Miramonte Road (40 feet wide);
THENCE northwesterly along said northeasterly line North 39- 12' 11" West 15.12 feet,
to a point on the arc of a non-tangent curve, concave to the northwest, having a radius
of ~05.00 feet, whose radius point bears North 31. ~9' 10" West;
THENCE northeasterly along said curve an arc length of 81.41 feet, through a central
angle of 09. 14' 10", to a point of compound curvature;
THENCE northeasterly and northerly along said curve having a radius of 30.00 feet. an
arc length of 18.49 feet, through a central angle of 350 19' 02" to a point of reverse
curvature;
THENCE northerly and northeasterly along said curve having e redius of 24.00 feet, en
arc length of 24,32 feet, through a central angle of 58. 02' 58" to the northeasterly line
of Lot 37 as shown on said Record of Survey;
ll'OaOG.~'
- . . . - . -.
03-22-94 10:00AM FROM BRIAN KENGAS FAULK
TO 14082520753 POl6/0l7
N 6 0 8 PA GE 0 0 8 2
i;
Ingress and Egress Easement
September 14, 1993 '
Page 2
THENCE along the exterior of Lot 37 as shown on said Record of Survey the following
2 (two) courses;
1) THENCE southeasterly along said northeasterly line South 42. 04' 07" East 21.47
feet to a point on the arc of a non-tangent curve concave to the northwest having
a radius of 520.00 feet, whose radius point bears North 45- 43' 30" West;
2) THENCE southwesterly along said curve an arc length of 122.78 feet, through a
central angle of 13031' 41" to the POINT OF BEGINNING. Containing an area
of 2,050 square feet, more or less. tJ. c41 ~~ i MO,(~ oy- \G.Y!
Bing the area designated as "Ingress ,and Egress Easement for the benefit of Lot 36 to
be created by separate document" as shown on said Record of Survey.
This description was prepared by:
Dated:
PK:pw
Sl1030'.13I
03-22-94 lO:OOAM FROM BRIAN KENGAS FAULK
TO 14082520753
P017/017
~-13.26'58 R-S20.00 L_122.06
L-1I5. 12
~S~T ~. _: ll-Og. 06 57 R-e35 . 00
~: ~32'OO'44. R-30.00
L-16.76
.tr-e4.07'SS- R-24.00
L-22.67
INGRESS/EGRESS EASEMENT
FOR THE BENEFIT OF ADJUSTED
lOT 37. 2,523 S.F.
N
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50
r
STEVENS
CANYON ROAD
P.O.B.
MOST NORTHERLY CORNER
OF FORM;R LOT 3&
N S3834'39-E
US . ~O
ADJUSTED
LOT 36
m
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5 i' ADJUSTED ~: ~
T 3 ~. ..
14I LO 7 ~~.
~ ~ ..' ~ ~, 21. 048 S. F .
...en ~..
Or... rn'. 8 ~.~. 0.483 AC.
~:: .e.-5S822'OS8 R-24.00 .. "'0'
-r .In ...
..,.:~ L-23. 61 .'
CIT.P') .:.. 11.
..f4 ... :to
::~3!5.1~:~r 4:-30.00 :z : S 41' 54' OSllE
.' 21. 7J
, ~136832'34'
\ ~ R-24.00
r L-57.i9
J 121.80
/ S 44' !)Z'36 ~
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--
---
INGAESS/EGRESS
!AS!H!NT
FOR BENEFIT OF
. II! AD~USTED LOT 36.
. ~ 2. 035 S. F .
'.~
.~
~
ADJUSTED
LOT ~9
ADJUSTED
LOT 38
"'-
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ADJUSTED
LOT 40
ADJUSTED
LOT 41
HOST SOUTHERLY CORNER
OF FORMER LOT 43A
PLAT TO
ACCOMPANY . LEGAL DESCRIPTION FOR
ADJUSTED LOT 3&. 2i.048 S.F.
CITY OF CUPERTINO
COUNTY OF SANTA CLARA CALIFORNIA
SCALE
25 0
FEET
50
100
.----1
BAlAN KANGAS FOULK
CONStL TINS EN&Ir.:a:tci
...... paTr.F aVI'MJF AeJIIDd) CITY_ CAL.JI: . !MG63
Scale: AS NOTED
Oat.: 2/24/92
By: A.F .M.
She.t PP-1
RESOLUTION NO. 9179
f":_..,'i-:-;.:
.' .
,". . ,
fJ: P ..; ..J
t} r,,' : I
~:..-~~
:f i;r6<:'~ y';.:'
F.'.'""",."j"'" .
vlhb~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING "AGREEMENT GRANTING INGRESS/EGRESS EASEMENT"
BY P ARVIZ I. NAMV AR, LOT 36, MIRAMONTE STREET
WHEREAS, Parviz I. Namvar, Grantor, has executed an "Agreement Granting
Ingress/Egress Easement" which is in good and sufficient form, conveying to the City of
Cupertino, Grantee, an easement for ingress/egress purposes over the property situate in
the City of Cupertino, County of Santa Clara, State of California, more particularly
described in Exhibit "A" and Exhibit "B", attached hereto and made a part hereof:
All that certain real property situate in the City of Cupertino,
County of Santa Clara, State of California, consisting of
approximately 0.047 acre, located within Lot 37, Miramonte
Street.
NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said
Grant so tendered; and
IT IF FURTHER RESOLVED that the City Clerk is hereby authorized to record
said Grant of Easement and this Resolution.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 6th day of September , 1994, by the following vote:
~
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, Sorensen, Koppel
None
Bautista
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Roberta Wolfe
Deputy City Clerk
FORM NO.2
AGREEMENT GRANTING INGRESS/EGRESS EASEMENT
'rhis ins t rumen tis made by PARVIZ 1. NAMVAR (NAMVAR)
(applicant property owner).
RECI'rALS
1. NAMVAR (appl ican t) is the owner of
certain real property located in the city of cupertino,
County of Santa Claro, State of California described as
10881 Stevens Canyon Road (set forth descr iption of
property) as shown on the attached Exhibit "A"
incorporated herein by reference.
2. NAMVAR (applicant) has applied for and
ha~ received approval by the City of cupertino for
Lot Line Adjustment [i. e. tentative parcel map,
use permi t, etc.]
J. Said approval by the City of Cupertino was
granted upon the condition that NAMVAR
(applicant) grant ingress/egress easements as hereafter
provided.
4. NAMVAR (appl icant) desi res to comply
with said condition and to provide for its
implementation.
IT IS THBREFORP. AGRP.ED:
C.C.l(a)
1
1. NAMVAR (applicant) has executed this
document and the same shall be recorded in consideration of
the City's approval.
2. Grant of Inaress/Egress Easement. NAMVAR
(applicant) hereby grants an easement to the owners of
parcels of property in the City of Cupertino bounded by_
Miramonte St. (streets) including but no limited to the
owners of the following specific Lot 36 of Book 152
of Maps at page 17, Santa Clara County Records.
The easement is non-exclusive and shall be a private
right-of-way for the benefit of and appurtenant to the above-
described parcels for the purpose of vehicle and pedestrian
access, ingress, egress, cross circulation and residential
vehicles parking in, over, along and across Lot 37
as depicted on Exhibit "A", by the grantees, their heirs,
administrators, executors, successors, and assigns, and their
customers, guests, invitees, contractors and employees.
3. Location of Easement. The easement is located as
follows: (see Exhibit "A").
eel (a)
2
4. Construction Maintenance Reoairs within Easement,
The roadway shall be maintained as follows:
The owners, successors and assignees of Lot 36
shall be jointly responsible for sharing the costs of
construction maintenance repairs of the cul-de-sac
improvements on Lot 37 and said costs shall be apportioned
equally between the owners, successors and assignees of
Lot 36 and Lot 37.
5. General orovisions,
a) No Public Dedication, 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 intention of the
NAMVAR (applicant) that this instrument will
be strictly limited to and for the purposes
expressed herein.
b) Binding Effect. This grant of easement
shall run with the land and shall be binding on and shall
inure to the benefit of the NAMVAR (applicant) and the
grantees, their respective successors and any person or other
entity which at any time hereafter shall become the owner of
anyone or more of the parcels or any portion thereof
described herein and in Exhibit "A".
c) Attornev's Fees, In the event of any
controversy, claim or dispute relating to this instrument or
the breach thereof, the prevailing party
C.C.1 (a)
3
. .
\
,
shall be entitled to recover reasonable attorney's 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 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.
IN WITNESS WHEREOF, the undersigned have executed
this Agreement this .4 \~ day of ~ l-9-ftO: ,qq4 ~.N'
By: ~~~~
PARVIZ . N VAR ----
STATE OF CALIFORNIA,
S9.
COUNTY OF
On
, 1986, before me, the
undersigned, a Notary Public in and for said State,
personally appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the persons whose names are
subscribed to the within Instrument, and acknowledged to
me that they executed the same.
C.C.l(a)
4
All-Purpose Acknowledgement
lI_GRREMENT GRANI'ING INGPESS/EGRESS EASEMENT
State of
California
County of
Santa Clara
}
On
8/4/94
, before me, Brian C, Upton, Notarv Public
personally appeared
P.::!T\r; '7. T N.::!TmTrlr
o personally known to me . or - bJ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in hislher/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.
c..
OFFICIAL SEAL
BRIAN C. UPTON
" NOTARY PUBLIC-CALIFORNIA
PRINCIPAL OFFICE IN THE
COUNTY OF SANTA CLARA
'" 0 ."MY Commission Expires Aug. 4, 1995
S-0260 (Rev. 4194)
03-LL-~4 10:UUAM FROM ERIAN KENGAS FAULK
I Brian Kangas Foulk
TO 14082520753
P015/0!7
..
September 14. 1993
BKF Project No, 910309.10
. ., ..~, ~ ":r A
L. . j ~ ~ L; ~ I
PROPERTY DESCRIPTION FOR:
INGRESS AND EGRESS EASEMENT OVER CORRECTED LOT 37
FOR THE BENEFIT OF:
CORRECTED LOT 36
Clqlllling EngilleelS
S4D PriCl ~
IIedMad ~ CA 94063
4151365-0412
W "1~6S-"lin
SITUATE in the City of Cupertino, County of Santa Clara. State of California. described
as follows:
Portion of Lot 37 as shown on the Record' of Survey filed~4"YVb~ '4:-. 1993
in 800k'~ of Maps at Page ~ Santa Clara County Records, said easement
more particularly described as follows:
BEGINNING at the southerly corner of Lot 37 as shown on said Record of Survey, said
corner also lying on the northeasterly line of Miramonte Road (40 feet wide):
THENCE northwesterly along said northeasterly line North 39- 12' 11" West 15.12 feet,
to a point on the arc of a non-tangent curve, concave to the northwest, having a radius
or ~o~.oo feet, whose radius poInt bears North 31. ~9' 15" West;
THENCE northeasterly along said curve an arc length of 81.41 feet, through a central
angle of 09. 14' 10". to a point of compound curvature;
THENCE northeasterly and northerly along said curve having a radius of 30.00 feet, an
arc length of 18.49 feet, through a central angle of 350 19' 02" to a point of reverse
curvature;
THENCE northerly and northeasterly along said curve having IS radius of 24.00 feet, an
arc length of 24.32 feet, through a central angle of 58- 02' 58" to the northeasterly line
of Lot 37 as shown on said Record of Survey;
D10aO!l.~'
U~ ~~ ~, IU,UUnrn Invw ~nlnU nC~U^J f^ULA
lU J4UOLJLU fJj
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i:
Ingress and Egress Easement
September 14, 1993 '
Page 2
THENCE along the exterior of Lot 37 as shown on said Record of Survey the following
2 (two) courses;
1) THENCE southeasterly along said northeasterly line South 42- 04' 07" East 21.47
feet to a point on the arc of a non.tangent curve concave to the northwest having
a radius of 520.00 feet, whose radius point bears North 45- 43' 30" West;
2) THENCE southwesterly along said curve an arc length Of 122.78 feet, through a
central angle of 13- 31' 41" to the POINT OF BEGINNING. Containing an area
of 2,050 square feet, more or less, c. C47 ~C~; O'\l)Y'C Or ley{
Bing the area designated as "Ingress 'and Egress Easement for the benefit of Lot 36 to
be created by separate document" as shown on said Record of Survey.
This description was prepared by:
License
Dated:
PK:pw
111030'.131
03-22-94 10:00AM FROM BRIAN KENGAS FAULK
~.1 126'58 R-520.00 L_122.06
L-15.12
~S~T ~. _: A-OSJ. 06 5 R-!535 . 00 I
5. ~32.00'44- R-30.00
~: L-16.76
. .
~. ~54.07'5S. R-24.00
~. L-22.67
~: INGRESS/EGRESS EASEMENT
~. FOR THE BENEFIT OF ADJUSTED
C Cj: lOT 37. 2. 523 S. F.
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STEVENS
CANYON ROAD
P..O.B.
MOST NORTHERLY CORNER
OF FORM.R LOT 3&
N 53-34'39-E
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5 i' ADJUSTED ~: ~
liJ LOT 37 ~"_:,,
q, ~ ... ~ /t. 21. 048 S. F .
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L-1B.49 . 5 411!54'OS-e
.' 21.71
, ~136.32'34.
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J 121.80
;' S 44- ~a . 36 '"
ADJUSTED
LOT 36
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INGRESS/EGRESS
!AS!H!NT
FOR 8ENEFIT OF
. ~ AD~STEO LOT 35.
. is) 2. 035 S. F .
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ADJUSTED
LOT 39
ADJUSTED
LOT 38
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ADJUSTED
LOT 40'
ADJUSTED
LOT 41
HOST SOUTHERLY CORNER
OF FORMER LOT 43A
PLAT TO
ACCOMPANY A LEGAL DESCRIPTION FOA
ADJUSTED LOT 3&. 21.048 S.F.
CITY OF CUPERTINO
COUNTY OF SANTA CLARA CALIFORNIA
SCALE
25 0
FEET
50
100
-~
BAlAN KANGAS FOULK
aHU...TIN& EN&~
lOAn PIlI'r:f! &VfIMJF AelIIDdl CITY_ C&L~ _ !MG&3
Date: 2/24/512
8y: A.F .M.
Scal.: AS NOTE!:
Sh..t PP-1