84-057 Hare, Brewer & Kelley, Inc.- Easement and Covenant- Garage NO FEE IN CCORDANCE p® ryry
WITH 60 7996773
i9967 a
CODE 6103 ! 3
RETURN TO CITY 1355"!GE 320
OF CUPERTINO FILED FOR REOORD
10300 TORRE= AVE. AT REOL'EST OF
CUPERTINO, CA 05014 �cbk"
- 0 MAE a O1 U-1 '811
•
EASEMENT & COVENANT �Q� OFFICIAL RECORDS
SANTA CLARA COUNTY
WHEREAS, HARE, BREWER & KELLEY, INC. is the lessee; ;�UtO{iCE A. PiAAIN
l� q ARctEr,ORDER
99 (ninety-nine) year ground lease of the property described with
Particularity in Exhibit A attached hereto - said ground lease's
term to expire on July 31 , 2082 (Two Thousand Eighty Two , A.D. ) .
WHEREAS , HARE, BREWER & KELLEY, INC. is also the lessee
under a 99 (ninety-nine) year ground lease of the property
described with particularity in Exhibit B attached hereto - said
ground lease to expire on March 31 , 2081 (Two Thousand Eighty
One , A.D. ) .
WHEREAS, the CITY OF CUPERTINO has expressed a concern that
the existence of open access between the garage underlying the
property described in Exhibit A and the garage underlying the
property described in Exhibit B may pose certain , unique fire
problems .
NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth , it is agreed as follows :
1. ) HARE , BREWER & KELLEY, .INC. , as lessee of the property
described in Exhibit A, grants to HARE, BREWER & KELLEY, INC., as
lessee of the property described in Exhibit B, a non-exclusive
easement on , over , and across all garages and access roads to
garages underlying the property described in` Exhi.bit A. This
easement is for the limited purposes of parking and vehicular and
pedestrian access. The easement shall -be a private right of way
and right to park for the benefit of and appurtenant to the _
property described in Exhibit B and the lessees thereof , their
heirs „ administrators , executors , successors , and their-
customers , guests , invitees , contractors , and employees to be.
used in connection with business being conducted on the property
described in Exhibit B. This easement shall not be deemed a gift'
or dedication to the general public or for the general -public .or-
for any public purpose whatsoever.
2. ) HARE, BREWER & KELLEY, INC. , as lessee of the property
described in Exhibit B grants to HARE , BREWER & KELLEY, INC. , as
lessee of the property described in Exhibit A, a non-exclusive
easement on , over , and across all garages and access roads to
garages underlying the property described in Exhibit B. This
easement is for the limited purposes of parking and vehicular and
pedestrian access. The easement shall be a private right of way
and right to park for the benefit of and appurtenant to the
property described in Exhibit A and the lessees thereof , their
heirs , administrators , executors , successors , and their
•
I 355 PAGE 321
customers , guests , invitees , contractors , and employees to be
used in connection with business being conducted on the property
. described in Exhibit A. This easement shall not be deemed a gift
or dedication to the general public or for the general public or
for any public purpose whatsoever .
3.) Each of the easements granted herein are subject to all
other easements , liens , encumbrances , and deeds heretofor
recorded against the property described in Exhibit A and the
property described in Exhibit B respectively. Furthermore, each
of the easements granted herein are, and shall be superior to all
subsequent subleases , assignments , and encumbrances in any way
affecting the ground leases .
COVENANTS
4.) HARE, BREWER & KELLEY, INC. covenants for itself , as
lessee of the properties described in Exhibit A and Exhibit B,
and for its successors in interest , to the following :
A) The CITY OF CUPERTINO shall be allowed to conduct
regular inspections , for the purpose of insuring
fire safety, during regular business hours and
upon reasonable notice, of the garages underlying
the properties described in Exhibit A and Exhibit
B.
B) The CITY OF CUPERTINO shall be allowed to enforce
all applicable Fire Safety Standards relating to
the garage underlying the properties described in
Exhibit A and Exhibit B , including , but not
limited to, the right to require, at any time, the
construction of an approved fire wall along the
property line which bisects the garage , upon a
finding that said wall is necessary to enforce
applicable Fire Safety Standards.
C) Upon sale , transfer , or assignment of the
leasehold interest in the property described in
Exhibit A to a third party not affiliated with
HARE, BREWER & KELLEY, INC. or a HARE, BREWER &
KELLEY, INC. syndication , the CITY OF CUPERTINO
reserves the right to review the proposed use to
insure compliance with applicable Fire Safety
Standards .
D) Upon sale , transfer , or assignment of the
leasehold interest in the property described in
Exhibit B to a third party not affiliated with
HARE , BREWER & KELLEY, INC. or a HARE, BREWER &
KELLEY, INC. syndication, the CITY OF CUPERTINO
reserves the right to review the proposed use to
insure compliance with applicable Fire Safety
Standards .
135Nc:322
E) The garage underlying the property described in
Exhibit A and the property described in Exhibit B
shall not be used for public assembly purposes
without the prior written approval of the CITY OF
CUPERTINO.
EXECUTED this /(0 day of Fehrcat , 1984.
HARE, BREWER & KELLEY, INC. U
LESSEE OF EXHIBIT "A" UNTIL JULY 31 , 2082
LESSEE OF EXHIBIT "B" UNTIL MARCH 31 , 2081
'
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1 I '(0
Ryland Kel .ey, President 1
11�
AmK. K ei eyASecretary
CITY OF CUPERTINO
By: �J / 1
]hr'. N 0 1.
ATTEST: \ , n1.V..,+„;;; i
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City Cle •k-<-.,;_ 4",—> s•:' •., —=
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13551'LGE 323
ELEGAL DESCRIPTION OF THE PROPERTY I ` , A
PAGE &Mt
PLAZA ONE
Real property situated in the City of Cupertino, County of Santa Clara, State
of California, described as follows:
PARCEL ONE:
All of Parcel Four as shown upon that certain map entitled, "Record of Survey,
being a portion of NW 1/4 of Section 13, T7SR2W M.D.B. & M.", which said map
was filed for record in the office of the recorder, County of. Santa Clara,
State of California, on August 24, 1972, in Book 307 of Maps, page 29 .
PARCEL TWO:
All of Parcel Five as shown upon that certain map entitled, "Record of Survey,
being a portion of NW 1/4 of Section 13, T7SR2W M.D.B. & M.", which said map
was filed for record in the Office of the Recorder, County of Santa Clara,
State of California, on August 24, 1972 , in Book 307 of Maps, page 29 .
Excepting therefrom, the Easterly 20 feet of said Parcel Two, as conveyed to
the City of Cupertino by Deed recorded February 14, 1974 in Book 0748 , page
729, Santa Clara County Records.
PARCEL THREE:
All of Parcel Six as shown upon that certain map entitled, "Record of Survey,
being a portion of Northwest 1/4 of Section 13, Township 7 South, Range 2 West
Mount Diablo Base and Meridian, which said map was filed for record in the
Office of the Recorder, County of Santa Clara, State of California, on August
24 , 1972, in Book 307 of Maps , page 29.
Excepting therefrom the Easterly 20 feet of said Parcel Three, as conveyed to
the City of Cupertino, by Deed recorded February 14, 1974 in Book 0748, page
729 , Santa Clara County Records.
1 ;355?AGE 32;
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Ga. Ohi a
LEGAL DESCRIPTION OF THE PROPERTY
Plaza Two
Real property situated in the City of Cupertino, County of Santa
Clara, State of California, described as follows:
PARCEL ONE:
ALL OF PARCEL 7 , as shown upon that certain record of survey, being a
portion of the Northwest Quarter of Section 13, Township 7 S R 2 W, M.U.B. &
M. , lying within the City of Cupertino, recorded August 24, 1972 in Book 307
of Maps , at page 29 , Santa Clara County Records.
EXCEPTING THEREFROM the interest conveyed to the City of Cupertino for
public roadway purposes, together with other rights, by Deed recorded January
22, 1973 in Book 0204 , page 468 of Official Records, over so much thereof
described as follows:
BEGINNING at the most north easterly corner of Parcel No. 7 , as said
parcel is shown on the Record of Survey, recorded in Book 307 of Maps at page
29 , Santa Clara County Records;
thence along the easterly line of said parcel, said line being the
westerly line of Saratoga-Sunnyvale Road, as shown on said map, S. 0° 06' 48"
E. , 102.00 feet;
thence leaving said westerly line along the southerly line of said
parcel, S. 89° 53 ' 12" W., 20.00 feet;
thence leaving said southerly line along a line that is parallel with
and 20.00 feet westerly, measured at right angles from said westerly line of
Saratoga-Sunnyvale Road, N. 0° 06' 48" W. , 102.00 feet to a point in the
northerly line of said parcel;
thence said northerly line, N. 890 53 ' 12" E. , 20.00 feet to the Point
of Beginning.
'AGE Tb1REE. .
EXCEPTING THEREFROM the interest conveyed to the City of Cupertino for
• public roadway purposes, together with other rights, by Deed recorded January
22, 1973 in Book 0204 , page 477 of Official Records, over so much thereof
described as follows: 1355PAGE 326.
BEGINNING at the most north easterly corner of Parcel No. 9 , as said
.parcel is shown on the Record of Survey, recorded in Book 307 of Maps at page
29 , Santa Clara County Records;
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thence along the easterly line of said parcel, said line being the
westerly line of Saratoga—Sunnyvale Road as shown on said Map, S. 0° 06' 48"
E. , 64.90 feet;
thence leaving said westerly line along the southerly line of said
parcel, S. 89° 53' 12" W. , 20.00 feet,;
thence leaving said southerly line along a line that is parallel with
and 20.00 feet westerly, measured at right angles from said westerly line of
Saratoga—Sunnyvale Road, N. 0° 06' 48" W. , 64.91 feet to a point in the
northerly line of said parcel;
thence along said northerly line N. 89° 55' 27" E. , 20.00 feet to the
Point of Beginning.