CC Resolution No. 9179
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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:
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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
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FORM NO. 2
^GREEMENT GRANTING INGRESS/EGRESS EASEMENT
'rhis instrument is made by PARVIZ 1. NAMVAR (NAMVAR)
(applicant property owner).
RECI'r¡\LS
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 description of
property) as shown on the attached Exhibit II A"
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 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
(applicant) desires to comply
with said condition and to provide for its
implementation.
IT IS 'rH8REFORE AGREED:
C.C.lCa)
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/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 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
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
c.c. 1 (a)
3
I,
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 4lV\ day of ~ H1tõ. \qq4 {'.<N'
'Y' 2~S"~~
STATE OF CALIFORNIA,
S5.
COUNTY OF
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.
C.C.l(a)
4
AlI,Purpose Acknowledgement
AGRIID-1ENT GRANTING INGRESS,!EGRESS EASEMENT
State of
California
County of
Santa Clara
}
On
8/4/94
,before me, Brian C. Upton. Notarv Public
personally appeared
Prtru; '7. T N;:nm~r
o personally known to me . or . W 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.
@"OFFICIALSEAL
. ..." BRIAN C. UP10N
, .. ~ NOTARY PUBLIC-CALIFORNIA
,#. PRINCIPAL OFFICE IN THE
, COUNTY Of SANTA CLARA
" 'MY Commis~ion Expires Aug. 4,1995
8-{)260 (Rev, 4194)
03-22-94 lO:OOAM FROM BRIAN KENGAS FAULK
I Brian Kangas Foulk
TO 14082520753
POIS/017
September 14, 1993
BKF Project No. 910309.10
- ,^". -r-,~'<"" A
L¡.,.;0H
PROPERTY DESCRIPTION FOR:
INGRESS AND EGRESS EASEMENT OVER CORRECTED LOT 37
FOR THE BENEFIT OF:
CORRECTED LOT 36
CRullin¡ Iogi....
540 l\iœ_
AI_ ~ CA 94063
41S1J65-0412
fAX .M6S,,11In
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 flled~'w'he,y- ~ 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 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
of ð05,OO feet, whose radius point bears North 31· 59' 115" West;
THENCE northeasterly along said curve an arc length of 81.41 f.et, 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 35" 19' 02" to a point of reverse
curvature;
THENCE northerly and northeasterly along said curve having a 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;
U101oa.al
- . . ... . _.
03-22-94 lO:OOAM FROM BRiAN KEN GAS FAULK
TO 14082520753
P016/017
"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 leu. ~,c41 æ.-r~ j ~()"'C "'''- 1Gý{
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
"010'.111
TO 14082520753
POl7/0l7
.03-22-94 lO:OOAM FROM BRIAN KENGAS FAULK
, '
~"1 26'SS R-S20.00 ~_122.05
L-B!!.1
P.D.B. ·6-011'0 FI-- 0
ESMT. _, " .
$: ~32'OO'44' R-30.00
l-16.7&
~S4'D7'56' R-24.00
L-22.67
INGRESS/EGFlESS EASEMENT
FOR THE BENEFIT OF ADJUSTED
lOT 37. 2.523 S.F.
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ADJUSTED
LOT 36
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ADJUSTED
LOT 39
ADJUSTED
LOT 38
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ADJUSTED
LOT 40
ADJUSTED
LOT 41
MaST SOUTHERLY CORNER PLAT TO
OF FORMEFI lOT 43A ACCOMPANY A LEGAL DESCRIPTION FOA
SCALE FEET ADJUSTED LOT 3&. 2t.048 S.F.
50 25 0 50 100 CITY OF CUPERTINO
r .--.J COUNTY OF SANTA CLARA CALIFORNIA
BAIAN KANGAS FOULK Date: 2/24/512 SCale: AS NOTED
CONSU....TDt& EN6Da:J::tt:j By: A.F .M. Sheet PP-1
".on _TCF &_ ~ CI1Y. C&LJF, !MII63