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HomeMy WebLinkAboutE-941 Termination of Reciprocal Easement Agreement - APN 366-10-120 and 366-10-061RECORDING REQUESTED BY: City of Cupertino WHEN RECORDED, MAIL TO: City Clerk's Office City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3255 NO FEE IN ACCORDANCE WITH GOV. CODE 27383 26032013 Louis Chiaramonte Santa Clara County - Clerk -Recorder 08/04/2026 08:35 AM Titles: 1 Pages: 7 Fees: 0.00 Taxes: 0 Total: $0.00 1111 'Ii' lid u' ;iJ : i iii (SPACE ABOVE THIS LINE FOR RECORDER'S USE) TERMINATION OF RECIPROCAL EASEMENT AGREEMENT APN 366-10-120 and 366-10-061 APN 366-38-007 O Original O Conformed Copy Recording Requested By and When Recorded Return To: City of Cupertino Community Development Department - Planning Division 10300 Torre Avenue Cupertino, CA 95014 (Space Above This Line For Recorder's Use) APNs: 366-10-120 and 366-10-061. This Agreement is recorded for the benefit of the City of Cupertino and is exempt from recording fees pursuant to California Government Code Section 6103. No documentary transfer tax is due (no consideration). TERMINATION OF RECIPROCAL EASEMENT AGREEMENT This Termination of Reciprocal Easement Agreement ("Agreement") is made and entered into as of July 20th, 2026 ("Effective Date"), by the City of Cupertino, a municipal corporation ("City"), with reference to the Reciprocal Easement Agreement described in the Recitals below. RECITALS: A. Atamparkash Singh Sandhu and Harjit Kaur Sandhu, husband and wife as joint tenants ("1699 Owner"), and Philip P. La Barbera and Barbara C. La Barbera ("1655 Owner"), entered into that certain Reciprocal Easement Agreement ("REA") recorded on February 6, 2012 as Document No. 21525636 in the Official Records of Santa Clara County, California ("Official Records"). B. The REA encumbers, and grants reciprocal non-exclusive easements for pedestrian and passenger vehicular ingress and egress ("Easements") over and across portions of, (i) that certain real property located at 1699 S. De Anza Blvd., Cupertino, California, and identified as Assessor's Parcel No. 366-10-120 ("1699 Property"), and (ii) that certain real property located at 1655 S. De Anza Blvd., Cupertino, California, and identified as Assessor's Parcel No. 366-10-061 ("1655 Property"), as more particularly described in the REA (collectively, "Properties"). The legal description of the Easement on the 1655 Property is attached hereto as Exhibit A, the legal description of the Easement on the 1699 Property is attached hereto as Exhibit B, in each case incorporated herein by this reference. C. Pursuant to Section 3 of the REA, the City has the sole authority to determine whether it requires the Easements, and at such time as the City no longer requires the Easements, the Easements shall terminate upon the recordation of a document so stating and executed by a representative of the City. Such termination requires only the execution and recordation of such document by the City. D. The 1655 Property is the subject of a proposed residential redevelopment ("Project"). The City has determined that it will no longer require the Easements due to the nature of development contemplated on the Project, and the City is agreeable to terminate the Easements in connection with this Project application numbers ASA-2025-014, TM -2025-006, U-2025-005 and TR-2025-030. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by this reference, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City hereby agrees and declares as followsl. Termination. The City hereby terminates the Easements created under the REA. 2. Reinstatement. If the Project does not commence vertical construction by June 30, 2028 and the City, in its sole discretion, determines that the Easements should be reinstated, the Owners of the Properties shall reinstate the Easements to the satisfaction of the Director of Community Development. 3. Recordation. This Agreement shall be recorded in the Official Records promptly following the Effective Date. 4. Third -Party Beneficiary; Reliance. The owners of the Properties and their successors and assigns, are intended third -party beneficiaries of this Agreement and shall be entitled to rely upon and enforce the provisions hereof. 5. Governing Law. This Agreement shall be governed and construed under the laws of the State of California. 6. Counterparts. This Agreement may be executed in two or more counterparts, each of which, when taken together, shall constitute one and the same instrument. 7. Binding Effect; Covenants Running with the Land. This Agreement, and the termination of the Easements effected hereby, shall be binding upon and inure to the benefit of the owners of the Properties and their respective heirs, legal representatives, successors and assigns, and shall run with the land in accordance with California Civil Code Section 1468. 8. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect and shall in no way be impaired thereby. [Signatures to appear on the following page] -2- IN WITNESS WHEREOF, the City has executed this Agreement as of the Effective Date. CITY AUTHORIZATION: Name: c z1 Signature: Title: Date:? CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 5n,2- G1 aft On 3\k\V 2-0, Zoz 6 before me, frL7 ,P_S 1/Ur C..e, �1 �f �, N alr ? t c, Date Here Insert Name and Title of the Office personally appeared L4FC. Co Name(s) of Signer(s) who 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. FRANCES BURKE CLARK Notary Public - California W T Santa Clara County f jY ° Commission k 2546269 o• My Comm. Expires Jan 17, 2030 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AL Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 1--fr4�nai►'9n oC FQC�procaI E3SPmeiik A ireewo✓ik Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual O Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association EXHIBIT A LEGAL DESCRIPTION OF THE EASEMENT ON THE 1655 PROPERTY Being a portion of the lands as described in that certain deed of trust filed for record in the Office of the County Recorder of Santa Clara County, California, in Document No. 20023765 and more particularly described as follows: LOT 11, as shown upon that certain Map entitled, "TRACT NO. 124 SUBDIVISION OF THE VAN DINE TRACT", which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on January 2, 1940 in Book 4 of Maps, at pages 24 and 25. EXCEPTING THEREFROM so much thereof described as follows: BEGINNING at a point in the centerline of Saratoga -Sunnyvale Road at the most Northeasterly corner of Lot 11, as said Road and Lot are shown upon that certain Map entitled, "TRACT NO. 124 SUBDIVISION OF THE VAN DINE TRACT", which Map was filed for record in the office of the County Recorder, Santa Clara County, California on January 2, 1940 in Book 4 of Maps, at page 24 & 25; thence Westerly along the Northerly line of said Lot 11, at right angles, 47.00 feet to the most Northwesterly corner of that certain 0.093 acre parcel of land conveyed by Deed from Erwin Winterhalder, et ux, to the County of Santa Clara said Deed dated October 24, 1961 was filed for record January 19, 1962 in Book 5437 of Official Records, at page 206, Records of Santa Clara County, said Northwesterly corner being the TRUE POINT OF BEGINNING; thence in a Southerly direction along the Westerly line of said 0.093 acre parcel of land a distance of 150.00 feet to a point in the Southerly line of Lot 11 and the most Southwesterly corner of said 0.093 acre parcel of land; thence in a Westerly direction along said Southerly line of said Lot 11, a distance of 13.00 feet to a point in a line that is parallel with and distance 60.00 feet. Measured at right angles, Westerly from said centerline of said Saratoga - Sunnyvale Road; thence in a Northerly direction along said parallel line a distance of 150.00 feet to a point in said Northerly line of said Lot 11; thence in an Easterly direction along said Northerly line a distance of 13.00 feet to the TRUE POINT OF BEGINNING, as granted in the Deed from Ray L. Carpenter to the City of San Jose, a municipal corporation of the State of California, dated February 19, 1963, recorded March 15, 1963 in Book 5982 Official Records, page 651. EXHIBIT A -1- EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT ON THE 1699 PROPERTY Being a portion of the lands as described in that certain deed of trust filed for record in the Office of the County Recorder of Santa Clara County, California, in Document No. 20023765 and more particularly described as follows: BEGINNING AT A POINT being the point of intersection of the center line of the Saratoga - Sunnyvale Road with the Northerly line of Lot 12 as said Road and Lot are shown upon that certain map entitled Tract No. 124, Subdivision of the Van Dine Tract, filed for record in the office of the Recorder of the County of Santa Clara, State of California on January 2, 1940 in Book 4 of Maps, pages 24 & 25, thence from said point along said centerline SOUTH, a distance of 179.46' to the centerline of Prospect Road as shown upon said Map, thence along the centerline of said Prospect Road, S 87°30'00" W, a distance of 204.20', thence leaving said centerline of Prospect Road, NORTH, a distance of 45.04', thence along the northerly line of said Prospect Road, N 87°30'00" E, a distance of 110.63'; to the point of curvature of a tangent curve to the northwest having a radius of 35.00' a central angle of 87°30'00" and a cord of 48.50' bearing N 43°45'00" E; thence along westerly line of said Saratoga -Sunnyvale Road N 00°00'00" W, a distance of 103.53' to the southeast corner of Lot 11 as said Road and Lot are shown upon that certain map entitled Tract No. 124 Subdivision of the Van Dine Tract, filed for record in the Office of Recorder of County of Santa Clara, State of California on January 2, 1940 in Book 4 of Maps pages 24 & 25, thence leaving westerly line of said Sunnyvale Saratoga Road S 00°00'00" E a distance of 143.33' to the TRUE POINT OF BEGINNING and terminates. EXHIBIT B -1-