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E-370 AGREEMENT GRANTING INGRESS.EGRESS EASEMENT, 10881 STEVENS CANYON RD, MIRAMONTE STREET Reh~rn t,t~: CITY ()t: CUPERTINO 10300 Ton"~ A~venue ,Cup~rtino, CA 95014 NO FEE IN ACCORDANCE E - 370 WITH GOV CODE 61,32663251 'fILED FOR RECORD AT RfQUEST OF CITY OF CUPERTINO SEP Z3 II 35 All '9~ OFFICIAL Rf SAHT A CLARA ~:OS BRENDA DAVISIITY , RECORDER NO FEE U] This instrument is made by PARVIZ I. NAMVAR (NAMVAR) ::r: O"'l ;:::> 0:> "'"0 :ra CJ fT1 C) C> CO U1 AGREEMENT GRANTING INGRESS/EGRESS EASEMENT (applicant property owner). RECI'rALS 1. NAMV AR (applicant) 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 description of property) as shown on the attached Exhibi t "A" ' incorporated herein by reference. 2. NAMV AR (applicant) has applied for and ha~ received approval by the City of Cupertino for Lot Line Adjustment [i.e. tentative parcel map, use permit, etc.] 3. 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 THBRF.FOR8 AGREED: I 'I N 6 0 8 p~ GE 0 0 8 6 1. NAMVAR (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 39 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 40 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 N 6 0 8 PA GE 0 0 8 7 4. Construction Maintenance Repairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 39 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 40 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 39 and Lot 40. 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) 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) Attorney'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 N608PAGE0088 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 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 ~ment this "I I\\. day of ~ ~~. \'1'14- By: \~~~~ PARVIZ I. AMVAR ---- STATE OF CALIFORNIA, SSe 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 N 6 0 8 PA GE 0 0 8 9 All-Purpose Acknowledgement AGRREMENT GRANTING INGRESs/EGRESS EASEMENT State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notary Public personally appeared Prlr"i'7. T NrI~frIr 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 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. S-0260 (Rev, 4/94) 03-22-94 [0:00AM FROM BRIAN KENGAS FAULK I Brian Kangas Foulk TU I4UtiL~LU'(~j rUU~/Uj'1 N60ep~GE0090 FOR THE BENEFIT OF: CORRECTED LOT 39 ConslAling (ngmm &.10 PriCl ~nuo fIIcIwood Cily. CA 94063 4151365.0412 FAX 415/365-1260 \ Q. I~I. ~:. ll.' '.~ IJ': i~. , " ~ t~:- ~~ t f." September 14, 1993 BKF Project No. 910309.10 E""n n Q\T 1\ ~ Al'l \ D 1 t\ PROPERTY DESCRIPTION FOR: INGRESS AND EGRE,SS EASEMENT OVER CORRECTED LOT 40 SITUATE in the City of Cupertino, County of Sant:il Clara, State of California described as follows: BEING a portion of Lot 40 as shown on the Record of Survey filed ~ 1993 in Book ~5 '2- of Maps at Page \1 . Santa Clara County Records, said easement being more particularly described as follows: r ~" !~. t [. r' ~. E;; I F' r I: l:~ BEGINNING at the most westerly corner of Lot 41 as sllown on said Record of Survey, said corner also lying on the northeasterly line of Miramonte Road (40 feet wide); ti, :; ~. THENCE along the exterior of Lot 40 as shown on said Record of Survey the following 3 (three) courses: ~ ~ " p ~, 2) THENCE northeasterly along said curve an arc length of 106,66 feet, through a central angle of 07D 38' 21"; 1) THENCE northweslerly along said northeasterly line North 39012' 11" West 15.04 feet, to a point on the arc of a non-tangent curve concave to the northwest having a radius of 800.00 feet, whose radius point bears North 34' 42' 47" West; 3) THENCE North 470 38' 52" East 45.43 feet to a point on the arc of a non-tangent curve having a radius of 24.00 feet, whose radius point bears South 47. 09' 47" West; e...'.'... I E" ~. THENCE southerly and southwesterly along said curve, :iln arc length of 52.16 feet, through a central angle of 124. 30' 59", to a point of reverse curvature, said point also lying on the northwesterly line of Lot 41 as shown on said Record of Survey; '::' ;"''!'4~~ I " f ~: .. ,-, ~ :~~71"r':~ . .:-" -"'":"':--er' .' .':-:;::' 910309.i39 03-22-94 lO:OOAM FROM BRIAN KENGA5 FAULK TO I4U~LJLU'IJj fUIU/Ul'l N 6 0 8 p~ GE 0 0 9 , ., Ingress and Egress Easmement September 14, 1993 page 2 THENCE along said curve having a radius of 30.00 feet, an arc length of 17.51 feet, through a central angle of 330 26' 08", to a point of reverse curvature; THENCE southwesterly along said curve having a radius of 815.00 feet, an arc length of 99.01 feet, through a central angle of 06- 57' 37" to the POINT OF BEGINNING. Containing an area of 2,518 square feet, more or less, o.o9C) a..eK.c5:.,. {YlC\rc Or lc<;1' Being th~ area designated as "Ingress and Egress Easement for the benefit of Lot 39 to be created by separate document" as shown on said Record of Survey. This description was prepared by; PK:pw 1110309.139 ~: f L t r t' f r ir~ ;J r ~ ~ . ; '" t , E t , i i ~ r. , ~, ! ~ r E ~ ~ i ~. (:, f.~' ~ I, I t l' ~ t. ~. ,. t .. r ~ ~. f f; .. ~: 1 t }, , 03-22-94 10:OOAM FROM H~IAN KtNuA~ rAULK IU 14U~L~LUI~j rUIJlUl1 i' . ..-... !:. it t,. ~ H JJ > X o Z -I m :D o )> o ~ , - ... . N ... 2n8 (f'I' ICl Z'" P.O.B. ESMT 50 I 100 l BRIAN KANGAS FOULK CONSlLTIN6 EN6DEERS STEVENS CANYON ADJUSTED LOT 37 _____---t-"'*" - ~ g :3t ,. .... .... ADJUSTED LOT 38 % ... "'ClI . UI A-33" 32' 00. U1. 1100 R-24. 00 ~ 0 0 L-14.05 -UI '" ~ . (\1'..... -cr m-~ ('1" lU ZO'_ ,," ., oor "N A=33' 41'3.- .... w h. A-07" 06' 53. A-30. 00 ::~ R-78S.00 L-17.64 In L-9'.48 ~-07.10'07 R-aoo.ao L-100.09 N ... OJ CIl 2: . L..S9 .0 1 r3 A-OS'S"37- R-B15.DO CIl o ... UJ b-33"26'OB" R-30.DO L-17.51 - ... '""' ADJUSTED LOT 41 N .... - m rt\ V) HOST SOUTHERLY CORNER OF FORMER LOT 43A SCALE 25 0 FEET 50 \::: ROAD MOST NORTHERLY CORNER OF FORMER LOT 36 ADJUSTED LOT 36 en .... ... .... ~~ . .... o . o ~ . -..\ . rn :2: ~ ! c:::,.o ? ;~ . . I ~ o t ! at \..0 i N 6'E. ~ 44" 52' 3 ~2.1, 80 P,O,B. , [.' il.. t ~. " ~ ADJUSTED LOT 39 16,014 S,F, 0,368 AC. U1 .... -.... to'" · O'll\t . .... o . o~ . rn ) f I' I. A=90" 01"1i- / R"'24, 00 - "< L-31.. 7j \ j.02.. 68 S"07'OS"W 154.68 54 {Rl !; f:":': .a-123'33'40. R-24.00 l-S1_,76 ADJUSTED LOT 40 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED lOT ~g. 2.508 S.F. t ~: l t t f;: !;:: j;; L i' ~ I:' ~ ! [ f~ f SCal':AS NOTED ~ Sheet PP-5 jJ - ""::r,:-__m ; ,.,.-."".' .,J PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 39, 16,014 S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA oat.: 2/24/92 By: A . F . M . .'T'i ..., r-- N 6 0 8 PA GE 0093 RESOLUTION NO. 9181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING "AGREEMENT GRANTING INGRESS/EGRESS EASEMENT" BY PARVIZ I. NAMV AR, LOT 39, 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 0.058 acre, located within Lot 40, 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 Y THAT THE WITHiN THIS is TO CERTIF E AND CORRECT copy INSTRUMENT IS A T~~ FILE IN THIS OFFICE. OF THE ORIGINtL " ju..f-V /rtL It-C 'L/ I Y . 19..J.i ~;~E::ERK OF THE pITY OF CUPERTINO ~ of AJufAaL BY p CITY CLERK N 6 0 8 PA GE 0 0 9 4 FORM NO. 2 AGREEMENT GRANTING INGRESS/EGRESS EASEMENT This instrument is made by PARVIZ 1. NAMVAR (NAMVAR) (applicant property owner). RECI'fALS 1. NAMVAR (applicant) 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 (applicant) has applied for and ha~ received approval by the City of Cupertino for Lot Line Adjustment [Le. tentative parcel map, use permit, etc.] 3. 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 THERF.PORE AGREED: C.C.l(a) 1 N 6 0 8 PA GE 0 0 9 5 1. NAMVAR (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 39 of Book 1 S2 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 40 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"). CC1 (a) 2 N 6 0 8 p~ GE 0 0 9 6 4. Construction Maintenance Repairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 39 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 40 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 39 and Lot 40. S. 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) 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 c.c. 1 (a) 3 N 6 0 8 p~ GE 0 0 97 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 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 ~ment this "I \1-. day of ~~. \'1'14- By: \~~~~ PARVIZ I. AMVAR - STATE OF CALIFORNIA, SSe 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 N 6 0 8 PA GE 0 0 9 8 AII.Purpose Acknowledgement AGRREMENT GRANI'nK; INGRESs/EGRESS EASEMENT State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notary Public personally appeared Pr:trv; '7. T Nr:tTTlurlr 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. , Qand and official seal. C ,,~,~. OFFICIAL SEAL ,~"..:. .~ BRIAN C. UPTON ..& ,;f.} NOTARY PUBLIC-CALIFORNIA -, . . f PRINCIPAL OFFICE IN THE "., N COUNTY OF SANTA CLARA "" My Commission Expires Aug 4, 1995 5-0260 (Rev, 4194) 03-22-94 [0:00AM tKuM bKIAN ~tNuA0 rAUL~ IV j~UbOLU I~j rUU;J/UJ/ I Brian Kangas Foulk H 6 0 8 PA GE 0 099 September 14, 1993 8KF Project No. 910309.10 EXH\BH A PROPERTY DESCRIPTION FOR: FOR THE BENEFIT OF: CORRECTED lOT 39 tonsllling Ellginm 5010 Prict AutnUt Redwood Cily. CA S4063 4151365.0412 FAX 4151365.1260 INGRESS AND EGRE,SS EASEMENT OVER CORRECTED LOT 40 SITUATE in the City of Cupertino, County of Santa Clara, State of California described as follows: BEING a portion of Lot 40 as shown on the Record of Survey filed ~ 1993 in Book ~ 1- of Maps at Page ~ Santa Clara County Records, said easement being more particularly described as follows: BEGINNING at the most westerly corner of Lot 41 as shown on said Record of Survey, said corner also lying on the northeasterly tine of Miramonte Road (40 feet wide): THENCE along the exterior of Lot 40 as shown on said Record of Survey the following 3 (three) courses: 1) THENCE northwesterly along said northeasterly line North 39.12' 11" West 15.04 feet, to a point on the arc of a non-tangent curve concave to the northwest having a radius of 800.00 feet, whose radius point bears North 34" 42' 47" West; 2) THENCE northeasterly along said curve an arc length of 106.66 feet, through a central angle of 07D 38' 21"; 3) THENCE North 47. 38' 52" East 45.43 feet to a point on the arc of a non-tangent curve having a radius of 24.00 feet, whose radius point bears South 47. 09' 47" West; THENCE southerly and southwesterly along said curve, an arc length of 52.16 feet, through a central angle of 124. 30' 59", to a point of reverse curvature, said point also lying on the northwesterly line of Lot 41 as shown on said Record of Survey: g10;)09.i39 ... '""f!I!'" " - "="-",.:' . -. --~ "i'" Uj-~~-~4 lU:UUAM rAUM DAlh~ ^C~uA~ r^UL~ Iv litUOi:Ji:UiJJ r U I UI U I I N 6 0 8 PA GE 0 I 00 .. Ingress and Egress Easmement September 14, 1993 Page 2 THENCE along said curve having a radius of 30.00 feet, an arc length of 17.51 feet, through a central angle of 33- 26' 08'" to a point of reverse curvature; THENCE southwesterly along said curve having a radius of 815.00 feet. an arc length of 99.01 feet. through a central angle of OS- 57' 3711 to the POINT OF BEGINNING. Containing an area of 2.518 square feet. more or less. 0 .OS'70 a..eK~1'" tY\\Jrc oc k'>1' Being th~ area designated as "Ingress and Egress Easement for the benefit of Lot 39 to be created by separate document" as shown on said Record of Survey. This description was prepared by: PK:pw 8'0309,139 .":!E UJ-~~-~4 lU;U~AM r~Vffi D~ln~ n~UVnJ rnu~n ~ H JJ )> ~ o z ~ m P.O.B. ESMT 50 I 100 I BRIAN KANGAS FOULK CONSlL TIN6 EN6I1tt:kH:i STEVENS CANYON ADJUSTED LOT 37 :JJ a > o " \ \ J / ~ -------..,..-" g 3: . .. .. ADJUSTED LOT 38 % ~ "01 . UI 6-33' 32' 00. U1. 1100 R-24,OO ~o c L-!4.05 -0\ . S ~ . - ... (\1'-", -a: 0,--- ","w ZO'. ..,... .. >or . N ... PJ.8 (fl' In z~ . L-99.O 1 ~ A-OS' 57' 37. R-e ~5 .00 (f'I o .... b-33" 26'OB' R-30.00 L-17 .51 in If\ Z \IJ . .... .... ADJUSTED LOT 41 . N .... - en '" en MOST SOUTHERLY CORNER OF FORMER LOT 43A SCALE 25 0 FEET 50 IV l'tUU'-J'-UIJJ I U j II U j I ROAD MOST NORTHERLY CORNER OF FORMER LOT 36 ADJUSTED LOT 36 en ... ..... ~N . 110 o . o ~ . ..,& " tn e'E. N 44"62'3 121,80 .::e: "" /~ 0 CO -0 :t:lIr C'> f"Tl 0 - P.O.B. 0 - ADJUSTED LOT 39 16,014 S.F. 0.368 AC. en ... -... .... . en1\) . ... o . o~ . en 6"";0. O!" io!- / R-24, 00 - '< L-31... 7.1 \ ",0 S 48' 07 '06 W (Rl 68 le4.e8 .? 123' 33' 40" R-24.00 L-Sl_76 ADJUSTED LOT 40 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT ]G. 2.508 S.F. PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 39, 16,014 S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA Dlt.: 2/24/92 sell.: AS NOTED 8y: ".F .M. Sheet PP-5 :'1"";; '-", ,,-' -,--- -. '~-"-- ";;... ~.;~n~.~ ..&:~, ',,, :;>j Y.:\'. ';'" l\ ~.~ '~, ~ If.J ~~ ~~1~}t.. '~i ' RESOLUTION NO. 9181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING "AGREEMENT GRANTING INGRESS/EGRESS EASEMENT" BY PARVIZ 1. NAMV AR, LOT 39, MIRAMONTE STREET WHEREAS, Parviz 1. 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 0.058 acre, located within Lot 40, 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 This instrument is made by PARVIZ 1. NAMVAR (NAMVAR) (applicant property owner). RECI'rALS 1. NAMVAR (applicant) 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 II A" . incorporated herein by reference. 2. NAMVAR (applicant) has applied for and haR received approval by the City of Cupertino for Lot Line Adjustment [i.e. tentative parcel map, use permit, etc,] 3. 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 THRREFORF. AGREED: 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 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 39 of Book 1 S2 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 40 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 4. Construction Maintenance Repairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 39 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 40 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 39 and Lot 40. 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) 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) Attorney'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 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 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 ~ment this "I II\. day of ~~. I'N4- By: \~~~~ PARVIZ I. AMVAR - 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 the persons whose names are subscribed to the within Instrument, and acknowledged to me that they executed the same. C.C.l(a) 4 AII.Purpose Acknowledgement AGRREMENT GRANI'ING INGRESsjEGRESs EASEMENl' State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notarv Public personally appeared Prl'nri '7. T Nrl'lTTl.7;:!l" 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 hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. , y Qand and official seal. C OFFICIAL SEAL BRIAN C. UPTON NOTARY PUBLIC-CALIFORNIA " PRINCIPAL OFFICE IN THE ~ ,..I.l COUNTY OF SANTA CLARA '" " . My Commission Expires Aug 4, 1995 5-0260 (Rev. 4/94) 03-22-94 lO:OOAM rKUM ~KIAN ~tNuA~ rAULK IU !~UbC)iU IJJ r u U ~I U II I Brian Kangas Foulk September 14, 1993 8KF Project No. 910309,10 EXr\\B\I A PROPERTY DESCRIPTION FOR: FOR THE BENEFIT OF: CORRECTED LOT 39 ConsUling fftgintn &AD PriCl ~ Rel!wood uly, CA 940&3 415JJ65.0412 FAX .15/365.1260 INGRESS AND EGRE,SS EASEMENT OVER CORRECTED LOT 40 SITUATE in the City of Cupertino, County of Santa Clara, State of California described as follows: BErNG a portion of Lot 40 as shown on the Record of Survey filed ~ 1993 in Book lis 'J- of Maps at Page ~ Santa Clara County Records, saId easement being more particularly described as follows: BEGINNING at the most westerly corner of Lot 41 as shown on said Record of Survey, said corner also lying on the northeasterly tine of Miramonte Road (40 feet wide); THENCE along the exterior of Lot 40 as shown on saId Record of Survey the following 3 (three) courses: 1) THENCE northwesterly along said northeasterly line North 39. 12' 11" West 15.04 feet. lo a point on the arc of a non-tangent curve concave to the northwest having a radius of 800.00 feet. whose radius point bears North 34" 42' 47" West; 2) THENCE northeasterly along said curve an arc length of 106,66 feet, through a central angle of 07D 38' 21"; 3) THENCE North 47. 38' 52" East 45.43 feet to a point on the arc of a non-tangent curve having a radius of 24.00 feet, whose radius point bears South 47. 09' 47" West; THENCE southerly and southwesterly along said curve, an arc length of 52.16 feet, through a central angle of 124. 30' 59", to a point of reverse curvature, said point also lying on the northwesterly line of Lot 41 as shown on said Record of Survey; V, 0309 .139 ",~ .~ -'~::..:. '-.---er- . .. i . . ~ UJ '"'"~,. !U,VUli.J.l1 .L.LI.VJ,IJ, ......L\.Ln~' Hw.'.....U..... .UIo'wH .. Ingress and Egress Easmement September 14, 1993 Page 2 THENCE along said curve having a radius of 30.00 feet, an arc length of 17.51 feet. through a central angle of 33- 26' 08", to a point of reverse curvature;' THENCE southwesterly along said curve having a radius of 815.00 feet, an arc length of 99.01 feet, through a central angle of OS- 571 37" to the POINT OF BEGINNING. Containing an area of 2,518 square feet, more or less. D .0$70 a..ex~r {Yll,)rc Or leY! Being th~ area designated as "Ingress and Egress Easement for the benefit of Lot 39 to be created by separate document" as shown on said Record of Survey. This description was prepared by: i~ PK:pw '10309,139 .S''::!E-:; '..,1..;-...100 J'1' .l""vvrj,~1~ ...,,,,...1.1. .w.........., ~..... ~..'" ......--.. ~ ...... JJ )> ~ o Z -I m P.O.B. ESHT 50 I STEVENS CANYON ADJUSTED LOT 37 ~ a > o - ..... \ \ I / ~ _____---t-..,J1J ~ .... ~ , - .... 3: . .. ... t\I'.... -cr a, ........ C'1" lIJ ZO'a ..,... ..'Of' .. "(II . Ul ~-33' 32 . 00. ~ 0 R-24 . 00 ~ ci 0 L-14.05 -UI . ~ ADJUSTED LOT 38 % . N ... 2n~ (f1' ICl Z'" . L-99.01 ~ A-OS' 5' '37a R-B15.00 CIl o .... .:.-33"26'08- R-30.00 L-17.51 in (f1 z UJ - .... ~ ADJUSTED LOT 41 . N ... . 0'1 ctI en HOST SOUTHERLY CORNER OF FORMER lDT 43A SCALE 25 0 FEET 50 ...- . -r '" "';.. .... '"" ... I ..... Y ROAD ADJUSTED LOT 36 en ... ..... ~N . ,. o . O~ ..... .. rn 1S"e. 1'1 44' 52' 3 1'2.1.80 ADJUSTED LOT 39 16,014 S.F. 0.368 AC, ,,"""QO' 01" i.1- ./ R-24,OO - "< L-31... 7J \ .102.. 68 S 48'07'06 W le4.68 tRl .? 123' 33' 40" R-24.00 L-Sl_,76 ADJUSTED LOT 40 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT ]Q. 2.508 S.F. .j, '.... ~ .1.1 V j, : MOST NORTHERLY CORNEA OF FORMER LOT 36 P.O.S. U1 ... -... ... . \711') . ,. o . o~ " 11\ PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 39, 16,014S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA 100 I SAIAN KANGAS FOULK CONSlL TINS EN&IIt:t:HS ,'T:;" ' Dat.: 2/24/92 SCll.: AS NOTED 8y: ".F .M. Sheet PP-s ,.-- r-- -, '"'t""