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CC Resolution No. 9181 '. '. RESOLUTION NO. 9181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING "AGREEMENT GRANTING INGRESS/EGRESS EASEMENT" BY P ARVIZ 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: YQ1!: AYES: NOES: ABSENT: ABSTAIN : Members of the Ci~ 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 description of property) as shown on the attached Exhibit "A" ' 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.] 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 (appl icant) desires to comply with said condition and to provide for its implementation. IT IS THERRFORE 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 Inaress/Earess 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 ReDairs 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 Drovisions. 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 \ , 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 ~ent this .!\ II--\. day of ~ -tl1r6. \qq4- By: \~~ ~~ PARVIZ 1. AMVAR - COUNTY OF ) ) ss. ) 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 GRANTm; INGRESS/EGRESS EASEMENI' State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton. Notary Public personally appeared P~~ri '7. T T\1;=nmr.=tr 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. , Qand and official seal, e @'OFFICIALSEAL .' ....:. BRIAN C. UPTON . - NOTARY PUBLlC-CALlFORNIA " PRINCIPAL OFFICE IN THE , . COUNTY OF SANTA CLARA , , 'MY Commission Expires Aug, 4, 1995 S-0260 (Rev, 4194) Uj--¿¿--~4 IU:UUAM ¡KUM DKlap KDPVrt~ ¡AULK IU ~UOLJLUrJJ ¡ UU J/ U ¡ r I Brian Kangas Foulk September 14, 1993 BKF Project No. 910309.10 EXH\B\1 A PROPERTY DESCRIPTION FOR: FOR THE BENEFIT OF: CORRECTED LOT 39 t<lnalling fag... 50'0 Pritt .... _ CiI . CA D!0&3 415/365-0412 FA)\ 415/365-1260 INGRESS AND EGRE,SS EASEMENT OVER CORRECTED LOT 40 SITUATE in the City of Cupêrtino, County of Santa Clara, Statê of California descrlbêd as follows: BEING a portion of Lot 40 as shown on the Record of Survey filed ~ 1993 in Book 1P52- of Maps at Page \1 . Santa Clara County Records, said easement being more particularly described ãšfõiiõWs: BEGINNING at the most westerly corner of Lot 41 liS shown on said Record of Survey, said corner also lying on the northeasterly line 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 tne northwest having a radius of SOO.OO 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 07" 38' 21"; 3) THENCE North 47' 3S' 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 southwestèrly 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; V10~Q9,I3' "'.',,"- .'" ,:....,. .,.,."u,..___"'~ , ~.-:·rT:¡- . Uj-¿£-jq lU,UU~m r~UM D~1^¡1 ß~,1Un~ fnU1ß IV L~UU"J"v IJJ U I VI V L I "0 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' OS", to a point of reverse curvature; THENCE southwesterly elong 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. 0 -oS"ò C(ÞV'~r Men: or 1c:<;1' Being th(i! 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; H. PK:pw "030'.13' ""';n¡ Uj-¿¿-~4 JU:UUAM fKUM D"ln~ KD~"~0 f^U"K ~ H JJ » ~ o Z -I m P.O,B. ESHT 50 I " \ \ ~ ",,'5 ·3tS'E / 12.1, 0 100 I BRIAN KANGAS FOULK CQNSlLTIN& EN6:n.±H:1 STEVENS CANYON ADJUSTED LOT 37 :D o » a - " _______-t"" $ ~ , - oO 3: , ... .. C\I'_ -a: &-- ~~ . "Ø . III A-33' 32' 00' UI. ~ "0 ~ò ., -III , :II: ADJUSTED LOT 38 z .." ..... III .. !JIg (fl. It) ZoO "iu ..... L-S9 .01 \\J A-OS'S7'37' R_B15.00 (fI ., oO ð"33' 211'08' A-30.00 L-17.51 ø, (f :!: 111 , oO oO ADJUSTED LOT 41 III oO . ØI en 1/1 MOST SOUTHERLY CORNER OF FORMER LOT 43A SCALE 25 0 FEET 50 ¡V !~UOLJLU IJJ ¡ V II V ¡ I ROAD MOST NORTHERLY CORNER OF FORMER LOT 36 ADJUSTED LOT 36 II> . ... \:I':; . .. ., . ø,. . ~ , rn ? P.O.B. ADJUSTED LOT 39 16,014 S.f. 0,368 AC, III .. -~ "n) !' .. " . ,,~ . rn _IIO'01"U· ..... R-Z4,OO - '< L-31,7.1 \ 0 88 S 48'07'06 W 154.88 (RI a-lí!3'33'40' R-Z4.00 L-S1_76 ADJUSTED LOT 40 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT 3Q, 2.508 S.F. PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 39, 16,014S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA Date: 2/24/92 By: A.F.H. Sell.: AS NOTED Sheet PP-5 :r,:" . ''', ---r- -'. "1'Z":~--~'--":"-'TT7""""-"