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E-369 AGREEMENT GRANTING INGRESS/EGRESS EASEMENT, MIRAMONTE ST NO FE:r:: t:\l p~~::~~:"'1~~:Jf\'.NCE 1=~:5t,e1 , fILED FOR RECORD AT REOUEST OF CITY Of CUPERTINO SEP 23 II 31 AM t9~ OfFICIAL RECORDS SANT A CLARA COUNTY BRENDA DAVIS REtORDER WITH 60\1 CCOE 610S leturn to: :rrY Or- CUPERTINO \030,0 ~r one Avenue ~ l 014 Cuper'hoo, CA 95 NO FEEUl AGREEMENT GRANTING INGRESS/EGRESS E~SEMENT This instrument is made by PARVIZ 1. NAMVAR (NAMVAR) (applicant property owner). RECI'f1\LS 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 Exhibit II 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 NAMV AR (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 THEREFORE AGREED: "J ~ tv '" '" oJ tv ()1 tv z 0'\ o ':0 -0 ::00 C"l M C) C) W N G G 8 p~ GE 0 \ 04 1 . NAMV AR (applicant) has executed this document and the same shall be recorded in consideration of the City's approval. 2. Grant of Inoress/Eoress 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 40 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 39 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 nAn). C.C.1 (a) 2 N 6 0 8 p~ GE 0 1 05 4. Construction Maintenance Repairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 40 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 39 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 40 and Lot 39. 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) 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 N 6 0 8 p~ GE 0 \ 06 shall be entitled to recover reasonable attorney's fees, costs and expenses. contains the entire agreement relating to the rights herein granted and the obligations herein assumed. Any d. Entire Aqreement. This instrument 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 l\greement this ~ 1"- day of [\ "6 ~. \c('f"1 ~.~ By: Q;~"'Ch~ PARVIZ 1. R - COUNTY OF ) ) SSe ) STATE OF CALIFORNIA, On , 19B6, 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. 4 c.c.l(a) N 6 0 8 p~ GE 0 \ 01 AII.Purpose Acknowledgement AGRREMENT GRANTING INGREss/E('~SS EASEMENT State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notarv Public personally appeared Prlrvi7. T Nrl1Y1u::lr 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. _ OFFICIAL SEAL ,.-,,,. " BRIAN C. UPTON ~~ ....,g.; NOTf,RY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN THE . '~ COUNTY OF SANTA CLARA 'iJ.::!., My Commission Expires Aug, 4, 1995 5-0260 (Rev. 4/94) 03-22-94 lO:OOAM ~~OM B~IAN KtNuA~ ~AULK I Brian Kangas Foulk 1 U lllUbLOLU f:lJ rUlC.lUi I l , i I} ~[: N 6 0 8 p~ GE 0 I 08 September 14, 1993 BKF Project No. 910309-10 ~ I""~ . .'W" 1\ t;\\:~ ~ n\ \ t\ II j!j !' FOR THE BENEFIT OF: CORRECTED LOT 40 tonsulling fnglnellS !;40 Prir.a Avlnlll ~ood OIY. CA 94063 415/365-0412 FAA Q 15/365.1260 ~ f f PROPERTY DESCRIPTION FOR: INGRESS AND EGRE,SS EASEMENT OVER CORRECT&D LOT 39 BEGINNING at the most southerly corner of Lot 39 as shown on said Record of Survey. said corner also lying on'the northeasterly line of Miramonte Road (40 feet wide); ~.. t .' r ~i t I k I ! SITUATE In the City of Cupertino, County of Santa Clara, State of California and described as follows: BEING ~ portion of Lot 39 as shown on the Record of Survey filecr.b?-?P'.M1\oet"" 14- , 1993 In Book Jrfj')., of Maps at Page~ Santa Clara County Records, said easement being more particularly described as follows: 3) THENCE northeasterly and northerly along said curve having a radius of 30.00 feet, an arc length of 17.S4 feet, through a central angle of 33041' 35", to a point of reverse curvature; i:i i . ~, ! ~ i I f i l I: ~. I t- ~; f.! r THENCE along the exterior of Lot 39 as shown on !=iaid Record of Survey the following 3 (three) courses: 1) THENCE northwesterly along said northeasterly line North 39012' 1111 West 15.05 feet, to a point on the arc of a non-tangent curve concave to the northwest, having a radius of 785.00 feet, whose radius bears North 340 37' 37" West: 2) THENCE northe~sterly along said curve, :m arc length of 97.48 feet, through a central angle 0107- OS' 53", to a point of compound curvature; THENCE,clockwise along said curye having a radius of 24.00 feet, an arc length of 51.35 feet. through a central angle of 1 ??O 35' 52" to the southeasterly line of Lot 39 as shown on said Record of Survey; 910309,140 '.".O""ii" !";;,.'-F "~fl~lW;' .: ,.. . f i ~ ~-;:'m' :1if:r'fIIT::t:i"~::~~7~":j~"'l:F.;!:i 03-22-94 10:00AM FROM BRIAN KENGAS FAULK TO 14082520753 P013/017 N 6 0 8 P^ GE 0 I 09 ' t ! 1) THENCE South 470 38' 52" West 45.43 feet to the beginning of a curve to the right having a radius of 800.00 feet; l I I ~ ~ . f f r' r t~ . , ~: Ingress and Egress Easement 0 September 14, 1993 Page 2 THENCE southwesterly along said southeasterly line the following 2 (two) courses: 2) THENCE along said curve, an arc length of 106.66 feet, through a central angle of 07' 38' 21" to the POINT OF BEGINNING. Containing an area of 2,488 square feet, more or less. 0 -D~7 ~q I W'lCo(C of" (es) , i ~ J f . ~ ~ Being the area designated as "Ingress and Egress Easement for the benefit of Lot 40 to be created by separate document" as shown on said Record of Survey. T Deted: f ~ l I s: ~ ~ fr: t PK:pw I , ~ ,. ~ f , l' r l r ~ 0101l~.I.O ~~ i I ! f t ~ 03-22-94 lO:OOAM FROM BRIAN K~NGAS FAULK r_,-'" STEVENS CANYON ~ H JJ )> X o Z .... t'Tl ADJUSTED LOT 37 - ...... \ \ J / rt' -------.......... JJ o l> o z: lI) u:I . ADJUSTED LOT 38 ,b-33" 41'3S' R"30.00 L"l1 . 64 A-07.06'53- R-785.00 L==97.48 TO 14UeL3LU'(33 ROAD ADJUSTED LOT 36 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT 40, 2.498 S.F. ADJUSTED LOT 39 N 4S.01'06"E 154.68 102.59 L-100.09 ~-07'10'D7- R-aoo.ao L-99.01 ~-06.S7'37' R-S15.00 tn w-4 WO ;" 1\)' .0 :a, e' 52.00 'W J 9 ~B. 01' 05 r- A-as- !58' 4Si1- ". A-24.00 L-37.Ei9 ADJUSTED LOT 40 16,504 S.F. 0.379 AC. P.O.B. ESMT P.O.S. z~ ~. !DO e#" .... N ~-33"26'OB' R-30.DO L-17 . 51 ~~33.34'51' R-24.00 L"14.07 .... .... .. :I: mm ..In om lJ)~ .% ~-l ADJUSTED LOT 41 MOST SOUTHERLY CORNER OF FORMER LOT 43A 50 I SCALE 25 0 FEET 50 100 I . .. t'Il~ ~ :-J..... .Do III olD (JI e .:E 131. 7 S 4\9' 07' 06"W rU14/Ul'I /~ en ~ ... . ... ~ ~ ~ o . o~ .. "' PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 40, 16,504 S.r. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA BAlAN KANGAS FOULK C~ TING ENGINEERS Date: 2/24/92 By: A.F .M. I..........; ;f:: . ~jl- f" f [; ~; ! ~ ~ l r J z f:.- en :' i ,0 ( co ;, i, ~~ 8 ~~' 1,:, Or,: 'il t 1 , Ii ~ t ~ ., L I ~3 ,f t,; ~: '. ~ F I t L r; t r I ~. F f ~; ~, r Scale: AS NOTED f:, .~' , Sh.et PP-6 F. N608PAGEO II' RESOLUTION NO. 9182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING "AGREEMENT GRANTING INGRESSIEGRESS EASEMENT" BY PARVIZ I. NAMVAR, LOT 40, 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 0.057 acre, located within Lot 39, 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 Burnett APPROVED: /s/ Barb Koppel Mayor, City of Cupertino ATTEST: /s/ Roberta Wolfe Deputy City Clerk . . -' h";-'~ .-{ t:., ....\'! ~ "'1 I'''.! ': /v ,'<('ut:: ~..fj~, CG;~~.Jt-~~T CtJt-.y ~1,.;',,,..L ~i~ r',L~~ H~ -r,'~;5 OF~'lCE. . ,~{+.~!..(f!:.lJ-~~.-!.Z. FJ..:i1 " '~v r~ r< \<: '. oF q1f' ,r:,TY OF CUPERTINO _lJ ~~.f( 1~~,{J~;~~:'~~,- JJLP. ~'TV r'::Lt"K . '-;- r , I" ':Y_- .:. .' i N 6 0 8 PA GE 0 I I 2 FORM NO. 2 AGREEMENT GRANTING INGRESS/EGRESS EASEMENT This instrument is made by PARVIZ 1. NAMVAR (NAMVAR) (applicant property owner). RECI'r1\LS 1. NAMVAR (app1 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 (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 THEREFORE AGREED: C.C.l(a) 1 N 6 0 8 p~ GE 0 I I 3 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. NAMV AR (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 40 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 39 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 pn GE 0 I I 4 4. Construction Maintenance Repairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 40 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 39 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 40 and Lot 39. 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) 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 PA GE 0 II 5 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 Agreemen t this ~ \~ day of A \)6 ~. \q<{4 ~.~ By: Q;~ ~CU-~ PARVIZ 1. 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 N 6 0 8 Pit GE 0 116 All-Purpose Acknowledgement AGRREMENT GRANI'IN; INGRESS/EGRESs EASEMENT State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notary Public personally appeared PrinT; 7. T NrlTmTi'lr D 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. >~~~" OFFICIAL SEAL ...... ~ BRIAN C, UPTON . . ~l NOTARY PUBLlG-CALlFORNIA , PRINCIPAL OFFICE IN THE . . . COUNTY OF SANTA CLARA '" 0.' My Commission Explles Aug, 4, 1995 S-0260 (Rev, 4194) lJJ '-'- Ji lV,UUHLT.I. lJ.\v!H ;.)L\,LjUl H....I...JfI.V .l.il.V,j,.,H 1\) j 't U U (...; (. U I","; j U 11../ U I I I Brian Kangas Foulk ~~ 6 0 8 PA GE 0 I 'I 7 September 14, 1993 BKF Project No. 910309-10 EXlW3 \1 f.\ PROPERTY DESCRIPTION FOR: FOR THE BENEFIT OF: CORRECTED LOT 40 tcn..~ fnghllllS !iln Pm ....... Wrraod OIl CA 94063 415/365.0412 fAX 415/355.1250 INGRESS AND EGRESS EASEMENT OVER CORRECT&D LOT 39 SITUATE In the City of Cupertino, County of Santa Clara, State of California and described a$ follows: BEING ~ portion of Lot 39 as shown on the Record of Survey filecr.b?~.At1bef'" 14 , 1993 In Book Jd71" of Maps at Page~ Santa Clara County Records, said easement being more particularly described as follows: BEGINNING at the most southerly corner of Lot 39 as shown on said Record of Survey. said corner also 'ying on -the northeasterly line of Miramonte Road (40 feet wide); THENCE along the exterior of Lot 39 as shown on ~aid Record of Survey the following 3 (three) courses: 1) THENCE northwesterly a'ong said northeasterly line North 39. 12' 1111 West 15.05 feet. to a point on the arc of a non-tangent curve concave to the northwest, having a radius of 785.00 feet, whose radius bears North 34. 37' 37" West: 2) THENCE northeasterly along said curve, an arc length of 97.48 foet, through a central angle of 07- OS' 53", to a point of compound curvature; 3) THENCE northeasterly and northerly along said curve having a radius of 30.00 feet, an arc length of 17 .S4 feet, through a central angle of 33- 41' 35", to a point of reverse curvature; THENCE, clockwise along said curye having a radius of 24.00 feet, an arc length of 51.35 feet. through a central angle of 1''-' 35' 52" to the southeasterly line of Lot 39 as shown on said Record of Survey; ;10309,140 " '--"" '-''--._''. .t~...; ,-0---:--'- ~ :":'~-:O'll ''''f''f~1T:: ?~:'~7""'-' UJ-ii-~4 lU:UUAM rKUM bK1AN KtN~A~ rAULK lU 14UbL~iUDj rUlj/Ull N 6 0 8 PA GE 0 'I '8 Ingress and Egress Easement September 14, 1993 Page 2 THENCE southwesterly along said southeasterly line the following 2 (two) courses: 1) THENCE South 47. 3B' 52" West 45.43 feet to the beginning of a curve to the right having a radius of BOO.OO feet; 2) THENCE along said curve, an arc length of 106.66 feet, through a central angle of 07- 38' 21" to the POINT OF BEGINNING. Containing an area of 2,488 square feet. more or less. 0 .D~7 ~q I tyloorc- of' les~ Being the area designated as "Ingress and Egress Easement for the benefit of Lot 40 to be created by separate document" as shown on said Record of Survey, Deted: PK:pw 81ca~.I.O UJ-~L-~~ lU,00AM r~VM C~lri~ At~uA~ fri0LA IV l~UOL::)LUIJJ rU1V Uj I STEVENS CANYON ROAD ~ H JJ )> X a z ~ rTl ADJUSTED LOT 37 ADJUSTED LOT 36 - ....... \ \ I / /~ .:'Ie 0'\ 0 co U J::lII C") iT) 0 -- \.0 ~ --------" JJ o ~ C ;z. w ~ . ~ N .... ... In ... ' ..0 ~Ul ADJUSTED lOT 38 b.33"41'3~' R-30.DO L-11.84 A-07.0S'S3- R-785.00 L"'97.48 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT 40, 2,498 S.F, ADJUSTED LOT 39 N 4Se07'06-E 15..68 3,02.&8 ... .. .. ::E L-!OO.09 A-07"10'D7- R-eOO.OO L-99.01 A-OS.57'37. R-8te.DO UJ w-4 Wcl ':"0 1\)' .0 ..' oAoa:l s' ~-33"26'OB' R-30.00 L-17.~1 ~33.34'51" R-24.00 L-U.07 ~2.0~0&.W J 9 ~B 07 I'- A-ag- !58 . 411. -' A-24. 00 L-37.69 ADJUSTED LOT 40 16,504 S.F. 0.379 AC. '% P.O.B. ~!MT P.D.S. z; ~. IDO If" ... N ADJUSTED LOT 41 -. "": \II~ U\ :-J-- .11I olD UI s .~ en ~ .... -. ... . f\)N . . o . 0'" .... . "' mm ..~ om u)~ .'Z ~-4 13" 7 S 48' 07 '06 W 50 I SCALE 25 0 FEET 50 100 I PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 40, 16,~04 S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA MOST SOUTHERLY CDRNER OF FORMER LDT 43A BAlAN KANGAS FOULK CCRilL TING EN6INEERS Date: 2/24/92 Scale: AS NOTED By: A.F .M. Sh..t PP-6 ,. ;...( ~. \ ~~ --., ~(] \I :~,jf , RESOLUTION NO. 9182 .~"L'< F~~ 7: t~: ;.,\ .. .~~ ~~,; . ..."} A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING "AGREEMENT GRANTING INGRESS/EGRESS EASEMENT" BY P ARVIZ I. NAMV AR, LOT 40, 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 0.057 acre, located within Lot 39, 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 Burnett 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 "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 THEREFORE AGREED: C.C.l(a) 1 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/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 40 of Book 1 52 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 39 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 Reoairs within Easement. The roadway shall be maintained as follows: The owners, successors and assignees of Lot 40 shall be jointly responsible for sharing the costs of construction maintenance repairs of the cul-de-sac improvements on Lot 39 and said costs shall be apportioned equally between the owners, successors and assignees of Lot 40 and Lot 39. 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 eel (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 Agreement this {\h. day of ~...J:.91t6. \9<?4 ~.~ By: Q;~ ~~~ PARVIZ 1. 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 All-Purpose Acknowledgement AGRREMENT GRANTING INGRESS/EGRESs FASEMENr State of California County of Santa Clara } On 8/4/94 ,before me, Brian C. Upton, Notary Public personally appeared P;:::I'r\Ti 7. T N;:!mU;:!T D 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/herltheir 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. @".OFFICIALSEAL . ........~ BRIAN C. UPTON . ". . NOTARY PUBLIC-CALIFORNIA ~ . PflINCIPAL OFFICE IN THE . COUNTY OF SANTA CLARA , .' My Commission Expires Aug. 4, 1995 S-0260 (Rev. 4194) u j - ~ ~ - j't 1 U ' u u 1\1\1 r j\ I.i ul D 1\ I ru' i.l.o in] 1\ I.i I 1\ U l.o H !V l1UVl..,.,!(.Vlv\J I Brian Kangas Foulk September 14, 1993 BKF Project No. 910309-10 ('-f ~ ~ ~, n \ --r f\ Lj\~l'~ u\ , PROPERTY DESCRIPTION FOR: FOR THE BENEFIT OF: CORRECTED LOT 40 tonllJt~ fllgIllIllS ;40 PMl AMnII ~ood Oty. tA 94063 415/365.0412 FAX 415/365.1260 INGRESS AND EGRE,SS EASEMENT OVER CORRECTliD LOT 39 SITUATE In the City of Cupertino, County of Santa Clara, State of California and described as follows: BEING ~ portIon of Lot 39 as shown on the Record of Survey file~~..M1be.r- 14- , 1993 In Book JG'J... of Maps at Page~ Santa Clara County Records, said easement being more particularly described as follows: BEGINNING at the most southerly corner of Lot 39 as shown on said Record of Survey, said corner also lying on'the northeasterly line of Miramonte Road (40 feat wide); THENCE alone the exterior of Lot 39 as shown on ~aid Record of Survey the following 3 (three) courses: 1) THENCE northwesterly along said northeasterly line North 39' 12' 1111 West 15.05 feet, to a point on the arc of a non-tangent curve concave to the northwest, having a radius of 785.00 feet. whose radius bears North 34- 37' 37" West: 2) THE.NCE northeasterly along said curve. an arc length of 97.48 foet, through a central angle of 07- 06' 53", to a point of compound curvature; 3) THENCE northeasterly and northerly along said curve having a radius of 30.00 feet, an arc length of 17.64 feet, through a central angle of 33- 41' 35", to a point of reverse curvature; THENCE,Clockwise along said curye having a radius of 24.00 feet, an arc length of 51.35 feet. through a central angle of 12'-' 35' 52" to the southeasterly line of Lot 3; as shown on said Record of Survey; ;10309,'<10 """,,",' ..~~.., ;"" ." ~ ~: - - :-,-.", . '~1,T'" ;r:::~~""::":-' UJ ~(.. J:':- lU,VUi1.1U, .I.!\VU! j.,I~\~'Hl H,l.d'.....n..... 'u....""'u Ingress and Egress Easement September 14, 1993 Page 2 THENCE southwesterly along said southeasterly line the following 2 (two) courses: 1) THENCE South 47- 38' 52" West 45.43 feet to the begInning of a curve to the right having a radius of 800.00 feet; 2) THENCE along said curve, an arc length of 106.66 feet, through a central angle of 07- 38' 21" to the POINT OF BEGINNING. Containing an area of 2,488 square feet, more or less. 0 -or? ~q I tyt.O<'- of" (ej~ Being the area designated as "Ingress and Egress Easement for the benefit of Lot 40 to be created by separate document" as shown on said Record of Survey. Deted: PK:pw t'OJOO,l.O 03-2~-8~ lu:UUAM rKuM DK1A~ At~~A~ rAuLK IV I~Uut.::lLUIJJ rUIVUl1 STEVENS CANYON ROAD X H J] l> X o Z .... rn ADJUSTED LOT 37 ADJUSTED LOT 36 - "- \ , J / ~ -------.......'" JJ o 1> C ;z W IQ . ... N .~ ... In ... . .0 ~L11 ADJUSTED LOT 38 ,A-33" 41'35' R-30.00 L-11.84 A-07"06'53- R-7aS.OO L-97.48 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED lOT 40, 2,498 S.F. ADJUSTED LOT 39 N 4Be01'0S"E 15..68 102..&8 ~ oa .. :II: L-100.09 ~-D7.10'D7- R_SOO.oo L-99.D1 ~-06.57'37. R-e15.00 UJ w-4 wO ;\1 1\)' .0 .... ..al .' A-33"26'08' R-30.00 L-17 . ~1 ~33'34'51" R-24.00 L-14.07 !52..00 h. J Be 0" 0& .. 9 A ~A-8g.~8'4Y. '" R-24. 00 L-37.69 ADJUSTED LOT 40 16,504 S.F. 0.379 AC. % P.O.B. !:SMT P.O.S. Zj; ~. IDO .#- ... r.) AD'-'USTED LOT 41 ... ~ a!~ U\ ~..... .!loa! olD LII . .~ en ... - ... ... ~ ~ ... o . 0'" .... .. "' mm ...~ g~ '% N-4 LA) 131 7 S 48'07'06 W 50 I SCALE 25 0 FEET 50 100 j PLAT TO ACCOMPANY A LEGAL DESCRIPTION FOR ADJUSTED LOT 40, 16.~04 S.F. CITY OF CUPERTINO COUNTY OF SANTA CLARA CALIFORNIA MOST SOUTHERLY CORNER of FDRMER LDT 43A BAlAN KANGAS FOULK CCHilL TING ENSDEERS Date: 212~/92 Scale: AS NOTED By: A . F . M. Sh..t PP-6 ~