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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. o a: N ... '" ... ~ 11 ... 3 ... & ~ .. UJ t- Z o ~ < a: H X STEVENS CANYON ROAD N 53.34'3S.E 115.50 P..O.B. MOST NORTHERLY CORNER OF FORMER LOT 36 -0 :r.- C"> f"Tl C) C> -.J .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 CI'l .. ........ U\ 0 f\)1\1 . .... o - o~ .. rn Z en o C) INGRESS/EGRESS !ASEHENT FOR BENEFIT OF . ~ ADJUSTED LOT 36. - (I), 2. 035 S. F . -.t" .~ ~ ADJUSTED LOT 39 ADJUSTED LOT 38 , \ - t-Vl ZN w. s.:o ~1f3 .c UJ:J: 11 . ... co.... ON ... 11.. cJI O(f) t-z J / .., 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 ... V'l ... S . .. ~ ... . .... .... . N W' 8 . 01. ~. ..,. N. N' C ..,. lIJ' <to o ct lLI to- Z o ~ <t a: H X 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 C> co -0 :0- C") I""l c::> C) co w . Cl') <1'. en 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 ~ '" .. ~.. U\ · ~l\) . .. o . 0,:& . "' -- --- INGAESS/EGRESS !AS!H!NT FOR BENEFIT OF . II! AD~USTED LOT 36. . ~ 2. 035 S. F . '.~ .~ ~ ADJUSTED LOT ~9 ADJUSTED LOT 38 "'- \ . ~~ ~o ~\(J C \US .. . ... a2'" ON . .. Il.. dI OCl') t-z J / .., 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 r U j 0/ U j ( 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. <. o ~ N ... "" ... ]I: . ... ~ ... . ... - UJ t- Z o ~ < a: ...... X 50 r TO 14082520753 POl7/0!7 STEVENS CANYON ROAD P..O.B. MOST NORTHERLY CORNER OF FORM.R LOT 3& N 53-34'39-E U5.~O . rr, <1'. en 5 i' ADJUSTED ~: ~ liJ LOT 37 ~"_:,, q, ~ ... ~ /t. 21. 048 S. F . -en ;;"a._ Or... rn'. 8 ~.~' O. 483 AC. ~:: A-5S-22'OS- R-24.00 .. .....0. ... -I&') -.. l:J::~ L-23.61 ::.. 11: ..f4 .. ~, ::~35.19'02- R-~O.OO z' L-1B.49 . 5 411!54'OS-e .' 21.71 , ~136.32'34. \ ~A.24,OO r L-57.i9 J 121.80 ;' S 44- ~a . 36 '" ADJUSTED LOT 36 en .. ..... UI · ~~ . .. o . o~ . "' /A;y INGRESS/EGRESS !AS!H!NT FOR 8ENEFIT OF . ~ AD~STEO LOT 35. . is) 2. 035 S. F . ..~ .~ '!, ADJUSTED LOT 39 ADJUSTED LOT 38 - ...... \ . .-Vl ZN ~o ~\rJ c \LI~ . . ... ca- ON ,- Il... en Ot') ~Z I / .." 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