E-187 COVENANTS RUNNING WITH THE LAND, STEVENS CREEK BLVD/ORANGE AVE . `774803
NO FEE IN ACCCCIRDJIUMCE
ODET 6703
® oA � DEPARTMENT
AFTER RECORDING MAIL TO: F,fly 6 � 0 !� APR S 1986
Thom
2 2 3_42—B-Pr e e t LA U."-
Cuper i a a ornia 95014 R E; F J 683PA6E �
D• �4
GRANT OF EASEMENT AND
COVENANTS RUNNING WITH THE LAND
-------------------------------
RLA-; i�H:�:r;AS J. ivcSFANE AND EIiiuin S. iyIeSiir"N , hereafter ca1ied
McSHANE, own certain real property in the City of Cupertino , County of
Santa Clara, State of California, being Parcel 1 of Book 469 of Maps ,
Page 49 , and as shown on Exhibit "B" .
WHEREAS, McSHANE is the successor to GILBEAU AND HULBERG, "who
received approval from the City of Cupertino to construct an office
building on this property.
WHEREAS, said approval by the City of Cupertino was granted upon
the condition that the property owner grant easements as hereafter
provided to contiguous parcels of property to the East and South lands
of said McSHANE;
THEREFORE, BE IT RESOLVED THAT:
1 . McSHANE her eb y grants an easement to the owners of the
Easterly and Southerly bounding properties described as follows :
a. Lots 1 , 2 , 3 , 4 and 5 in Block 5 of Block 3 , shown
on the parcel map filed at Block M of Maps ,
Page 4, Santa Clara County Records
b. Lots 25 and 26 in Block 3 , shown on the parcel
map filed at Book P of Maps , Page 24 , Santa Clara
County Records
2 . The easement shall be a private right of way for the benefit
of and appurtenant to sa.id .parcels owned by said grantees for the
purpose of pedestrian and vehicular ingress and egress by grantees ,
their heirs , administrators , executors , successors , and assigns , and
their customers , guests , invitees , contract employees , to be
used in connection with business being .,cord4uc✓ed- on} said parcels and
for no other purpose . I ' :;1 ..•• � ,,, �.4„k.,
THIS s �i ,.i;E�
INSTPL1fv� i�-9'1 B`ATPL!`
ATTcST: � ✓ a D-I—�
CITY CU-7 rC M THE CITY C r`
GENERAL ACKNOWLEDGMENT NO.201
State of Ca i 9rn i a On this the 9th_day of February 19
, before me,
SS.
County of Alameda Debbie Murphy
J
the undersigned Notary Public, personally appeared
J 6 8 3 PAGE 1 ;298 Tom & Biruta McShane
�oaeelsr:as_yesaceas3aercM.,raa„-.sM c.,c, .^ssear.9r::i�
C�7 personally known to me
E..; ^P,Ph7 proved tome on the basis of satisfactory evidence
_ s i '��b Y to be the person(s)whose name(s) are subscribed to the
1 C C PORNIA
'.., ! NO n within instrument,and acknowledged that they executed it.
Y AlAME74 CCUNTY
Mqi Ccmm.Fxpiras hmd 9, 1930 n.
n. WITNESS my hand and official seal.
• Notary's Signature
7110 122 NATIONAL NOTARY ASSOCIATION•23012 Ventura Blvd.•P.O.Box 4625•Woodland Hills,CA 91364
G 85 3PA6 E1 297
3 . Said right of way shall be limited to that certain real
property which is more particularly described in Exhibit A attached
hereto .
4 . Said easement shall not be deemed a gift or dedication to the
general public or for the general public or for any public purpose
whatsoever . The easement shall be strictly limited to and for the
purposes expressed herein. The easement shall be non-exclusive and
shall in no event be construed to create any right to park vehicles
thereon or any portion thereof .
5 . McSHANE is presently the owner of Parcel 1 recorded in Book
+ as +3. _ i
Page 'f�7 r:.. :+ _ 1 i,, v�,..• u 'v°::Ll:: L j v f i i'.', u t ....
their capacity as the owner of Parcel 1 Mc SHANE does hereby covenant
and agree on behalf of themselves and all future owners of Parcel 1
that any successor in interest to the ownership of Parcel 1 shall be
entitled to the same use of said easement as if said successor to the
ownership of said parcel had been the owner of such parcel on the date
hereof and a grantee of the easement .
i . Use of the easement shall be limited to those grantees and
tlhelr heirs , administrators , executors , successors , and assigns ( and
tl'lelr c!!st')mErs , guests , invitees , contractors , and er.lp�oyees ) who
have granted reciprocal easements to the owners and future owners of
,arv,-; ? 1 ;=.DDurtenant to Purc;el I .
? . The easement and right of way provided for herein , and all
rights in cornection therewith , shall terminate to the extent provided
, ' ; � h City of Cupertino or final
I re.sol � L .on of the City Council of the y p
'j(I-ment +af a court having jurisdiction.
o . All present and future owners of Parcel 1 are and shall be
fc,;;r).d in a�cordance with the foregoing provisions for the benefit of
Parcel 1 and the present and future owners thereof .
Da e
J n
L J V
J ALAMEDj ^AUNTY
" (1�CDrI 1.Expires Juf 980 a
: em.aLC� L'uC'ti..;�.a,.C'_.i8C6CEnCG�CCE4L'CCCCCGGCCCCL�'GdL'oL7u
e
R
EXHIBIT "A"
t-16 8 2
DESCRIPTION
PROPOSED PRIVATE DRIVEWAY OVER LANDS OF MCSHANE
ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF CUPERTINO,
COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING AN EASEMENT FOR INGRESS
AND EGRESS DESCRIBED AS FOLLOWS:
Beginning at a point on the easterly line of Parcel I of Parcel Map
recorded in Book 469 of Maps, at Page 49, Santa 'Clara County Records,
dis!ant thereon N 3(" 3' 41" W a distance of 19.50 feet from the south-
east corner thereof; thence parallel with the southerly line of said
P _-cei N 39 0 59" 48°' W 24.49 feet; thence *parallel with the easterly
'Line c said Parcel S r 3' 41 E 19.50 feet_ to the southerly line thereof:
Fienc.e along said souther:iy line N 890 59' 48" W 17.00 feet; thence leaving
said southerly line and parallel with the easterly line of said Parcel
ti Q0 3' =4] " lt' ].9.50 e:,t; thence parallel to the southerly line of said
Par---.el 890 c59' 48" 'ri 83.50 foes to the westerly line thereof on the
east,-er.l.y line of Cranc,c Avenue; _hence along said line of Orange Avenue
N 00 3' .56" W 2:.00 f F 1 e - '
�t; i-, ,c. l�.ai ,i , said lane an Parallel with the
southerly line of sail -Parcel S 89 59' 48" E 121:.99 feet, to the easterly
Line of said Parcel; -he-.ice along said last-narAFVj line S 00 i' 4.1" E 25 .00
Sect to the point of beginning.
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30 0
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88°5948_ 1 _z 4.4 9
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_ z I 17-00 + l�
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245 OR 250
LL-7XHI 8 / T "B
SCALE: 1"--20 "
.. ;.. RECORDER'S MEMO
j
FAINT WRITING OR TYPING' ,
4
OR CARBON COPIES'MAKES
POOR pHOTOGRAPHIG RECORD 3PA 0 r E Q
MINUTES OF THE NOVEMBER 5, 1984 CITY COUNCIL MEETING
(CC-658)
17=U-84
It was moved by Counc. Gatto, seconded by Counc. Rogers and
app
roved
unanimously to approve Application 17-U-84 per
passed
Planning Commission Resolution Nom. 2576.
' P Abandonment
It was moved by Counc. Gatto, seconded by Counc. lungy and
passed unanimously to approve a minute order to proceed of right-of-
with the abandonment of the street right-of-way.
way
Commercial
It was moved by Coune. Gatto, seconded by Counc. Plungy and in Old Monta
passed with Counc.. Rogers dissenting that the Planning Vista*
Commission be directed, to look at encouraging commercial in
the 0ld Monta Vista area without increasing density.
RECESS: 8:35-8:50 pbm.
27. Application 18-U-84 of Cupertino City Center Associates
(Prometheus Development Company) : Use- Permit to
construct a 140,000 sq. ft• four-story office building2
a five to eight story residential/parking structure and `
temporary at-grade parking. The residential/parkin
garage structure consists of 104+ residential unit
and 1 ,300+ vehicle parking spaces. Environmental
Review: The Planning Commission recommends the �
granting of a Negative Declaration. The su;_:je(.
property is located in the Town Center Planning Area at
the southeast quadrant of Stevens Creek Boulevard and
De Anza Boulevard approximately 210 ft. south of
Stevens Creek 1�.)ulevard and 700 ft. east of South De
Ar_za Boulevard in a P (Planned Development with-
Residential, Commercial, Office, Industrial and Hotel
intent) zoning district. Recommended for approval.
Director of Planning and Development Sisk reviewed the I
application and introduced Mark Kroll of Prometheus
Development Co.
Mark Kroll, representing the Cupertino city' Center
Associates, outlined the form the Associates' presentation !
would take and introduced Bill Valentine, architect, H0'_.
Mr. Valentine reviewed various slides of the City Center ,
master plan.with Council. .
ncisco,
Steve Haines of Fisher-Friedman Associates', Sa
presented Council with slides showin8'",°'t`he.<.�p ,sed
residential .and parking str,:ctures.
z}�NFB') L7^MEV 1` 19ARTRUEHi�7? TH "WITHIN
,HE ORILyIfiI' s COR EET:;
J,l r /�4�tI;IV FIL1 i COPY
•4T�`�S-I-
�a J_Cc
THE�CITY=OF �9
��. �.....-.. INO to
~
17-U-64 �
. ' J 6 { 3 PAGE 1 3 0 �
RESOLUTIOW
�
NO. 2576
OF THE PLANNING COMMISSIOW OF THE CITY OF CUPERTINO
RECOMMENDING APPROVAL OF A USE PERMIT TO CONSTRUCT
A 5,2BO SQ. FT. , TWO-STORY OFFICE BJ!ILDING~
APPLICAWT: Norman Hulberg/Kennetb GiIbeau
ADDRESSZ 1520 ParRmoor Avenue` Sam Jose, California 9512B
SUBMITTED: August 31, 11�84
LOCATI ^: Southeast corner o� Stevens Creek Boulevard and
Orange Avenue in the Monta Vista Commercial Area
' ____________________________________________�____________________
� .
FINDINGS AND SUBCONCLUSIONS:
Approval is subject to the findings as set forth on Page 1 and
the subconclmsions as set forth in the minutes of the Planning
Commission meeting of October 22, 1984. '
�
CONDITIONS:
�
�
� . STANDARD CONDITIONS '
. Standard Conditions to the extent that they do not
' conflict with the special conditions enumerate'a heresan.
in the event ea con-Elict does exist, the special
conditions as enumerated herei n shall apply.
�
~
�6
- '
That t�e recommendation of approval is based on Exhibits
' A 1 ' t Revision, B 1st Revision, B-1 1st Revision and C
1st Revision of Application 17-U-84 except as may be
amend-ad by special conditions enumerated herein. '
� 17- PERMITTED USE�
Approval is granted to construct a 5r280 sq.
building. The building size may be -increased slightly
in accordance wi tb Ben,-zraI PI an FIoor Area Rat P-JI -_; cy
to refIec± the abandoned bus turn-out right-cL�--way if
said abandonment is approved by the City Counci l .
'
�8' SIDEWALK ADJUSTMENT
'
'
The applicant- shall adjust- the sidewalk to align witb
the street curbing with walkway areas to gain access to
the building. The walkways and the modified I L,mdscaping
' shall be reviewed by the staff for 'consisteocl/ with the
appl icant' s landscape plan and the Monta Vista Design
Guidelines at the building permit level . Additior�^l ly,
the applicant shall incorporate the Coast Live Oak tree
� '~} in the parking area as provided for in the Monta
Design Guidelines.
1
'
- |
:E50LUT I Ohl i,�O_ 25J7b t COsNT I NUED? 1 7-U-S
19. TREE PROTECTION! J 6 8 3 PAGE 1 3 0 3
The appl i cant shall provide a plan for preservati cn of
the existing specimen trees on the subject property=
Said plan shall include graphic depiction of protection
devices to be installed along the dripline perimeter oS
each tree fo.r the duration ov construction ac'civitieso
The plan shall include .in evaluation from a Landscape
Architect outlining the of:ect of construction activity
upon the trees and detailing measures to ensure their
survival in accordance with Ordinance 778..
RECIPROCAL_INGRESS/EGRESS_EASEMENTS
The applicant shall record a covenant obligating
existing and. future property owners to provide
reciprocal ingress/egress easements with the adjoining
properties to the east and south at such time in the
future as the City can require the same° of the adjoining
property owners. It is recognized that said easement
may require the elimination of several parking spaces.
21 . MASONRY BARRIER.
; The applicant shall not be required to install a masonry
barrier or acoustical wall between the subject property
and the adjoining residence to south but shall fence the
southerly property line with a solid board fc-ncing
material .
22. BUS TURN-OUT/SIDEWALK LOCATION
------------------------------
The existing bus turn-out right of way may be abandoned
If the bus turn-out is abandoned, the building shall be
shifted to be in close pro:<imity to the street right of
way line. The revised site plan is subject to sta++
review and approval .
2 MODIFICATION OF APPROVED DEVELOPMENT PLAN
In the event that the applicant or subsequent property
owner desire to matte any minor changes, alteration or
amendment in . the approved development plan or building
permit, a written request or revised development plan or
building permit shall be submitted to the Director of
Planning and Development. If thL- Director makes a
finding that the changes are minor and do not affect the
general appearar°ce 'o the area, the Director may certify
k.l
k-ESOLUTION NO. 2576 (CONTINUED) 17-U-e4
J 6 8 3 PAGE 1 3 6
. the change on the revi secs plan. If• •s-ic_n approval is
withheld, the applicant may appeal: to the Planning
Commission® If the .-changes are material , the Director
shall submit the change to the Planning Commission. for
approval . If the change is denied by the Planning
Commission, the applicant may appeal to the City Council
as provided in City Ordinance No. 652. If the change is
approved, an appeal may be made by an interested party.
Further, any member of the City Council may request a
hearing before the City Council , said request' to be made
within ten (10) days from the date of approval - when
the change has been approved by the Planning Commission.
.LI4. LIGHTING
Parking lot lighting shall be consistent with the
standards contained on Page 24, Section 12b of the Monty
Vista Design Guidelines and street lighting consistent
with requirements of Section 12a of the Monty Vista , .
Design Guidelines.
----------------------------------------- ------------------------
PASSED AND ADOPTED this 22nd day of. October, 19e4, at a regular
meeting of the Planning Commission of the City of Cupei-tino,
State of California, by the following roll call vote:
• A`!ES® Commissioners Adams, Macken-Zie, Sorensen, Sabo,
Chairman Claudy
MAYS: hone
ABSTAIN: None
ABSENT: hone
ATTEST: APPROVED:
/s/.Robert Cowan %s/ John Claude
Robert Cowan John Claudy, Chairman
Assistant Planning- Director . . Planning Commi ssi on
lNSTRIu Ig Tp C A.
- i3F THE�RN.T
r,�t�>ugL q ANp CO'� �✓17N1
q tii:y r n;FILE IN.. RRECT N
5T- e THlS ❑�FOPy
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