CC Resolution No. 9180
RESOLUTION NO. 9180
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING "AGREEMENT GRANTING INGRESSÆGRESS EASEMENT"
BY PARVIZ 1. NAMV AR, LOT 37, MIRAMONTE STREET
WHEREAS, Parviz 1. Namvar, Grantor, has executed an "Agreement Granting
IngressÆgress Easement" which is in good and sufficient fonn, 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 0.058 acre, located within Lot 36, 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
None
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Roberta Wolfe
Deputy City Clerk
,
F011M NO. 2
AGrrEEMENT GrrANTING INGrrESS/EGrrESS EASEMENT
'rhis instrument is made by PARVIZ 1. NAMVAR (NAMVAR)
(applicant property owner).
RECITALS
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 "A"
incorporated herein by reference.
2. NAMVAR (appl ican t) has appl i ed for and
has 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 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 THErrEFOrrE AGREED:
C.C.l(a)
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 37 of Book 1 S2
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 36
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").
eel (a)
2
4. Construction Maintenance Recairs within Easement.
The roadway shall be maintained as follows:
The owners, successors and assignees of Lot 37
shall be jointly responsible for sharing the costs of
construction maintenance repairs of the cul-de-sac
improvements on Lot 36 and said costs shall be apportioned
equally between the owners, successors and assignees of
Lot 37 and Lot 36.
5. General crovisions.
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
"
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
'hi,("\,m,"' eh i, 41' dôY of ~ "15 ..... ¡qq4 <¡>,.;>'
BY:~\'\~
PAR AMVAR
STATE OF CALIFORNIA,
S9.
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
AlI,Purpose Acknowledgement
AGREEMENT GRANTING INGRESS,lEX';REsS RI\SEr-'ENT
State of
r~';-Fr\rn;;::a
County of
Santa Clara
}
On
8/4/94
I before me, Rri.qn r TV+-"" 1\n"'~":l 'P'I1hl ;ro
personally appeared
parviz I. Namvar
o personally known to me - or - [X] 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 hislher/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.
Q" OFFICIAL SEAL
~. ....:., BRIAN C. UPTON
~'_. . ~ NOTARY PUBLlC-CALlFOFlNtA
. .¡¡;-¡ PRINCIPAL OFFICE IN THE
,..¡:. COUNTY OF SANTA CLARA
" My Commission Expires Aug. 4, 1995
5-0260 (Rev, 4194)
UJ-¿¿--~4 iU:uU^M IkUM bK¡A~ Kt~UA~ IAULK
IV 14UbiJ¿U (oj
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, . ~ .
I Brian Kangas Foulk
September 14. 1993
BKF Project No. 910309.10
EXH\B\T A
PROPERTY DESCRIPTION FOR:
INGRESS AND EGRESS EASEMENT OVER CORRECTED LOT 36
FOR THI!! BENEFIT OF:
CORRECTED LOT 37
i:onsoIÞn,¡"g;"",
S40Pl!cl_
Redwood CIJ CA 9C063
41S136~041Z
f.\X 4151365-1260
SITUATE in the City of Cupertino, County of Santa Clara, State of California and
described as follows:
Portion ~ L~ 36 as shown on the Record of Survey fledíb~~e-r- 1£ ,1993
in Book S of Maps at I='Ðgetl, Santa Clara County Records, said easement being
more particularly described as follows:
BEGINNING at the most southerly corner of Lot 36 as shown on said Record of Survey,
said corner also lying on the northeasterly line of Miramonte Road (40 feet wide);
THENCE along the exterior of Lot 36 as shown on saId Record of Survey the followiñg
3 (three) courses:
1) THENCE northwElsterly along said northeasterly line North 3g~ 12' 11" West 15.11
,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 32" 11' 49" West:
2) THENCE northeasterly along said curve, an arc length of 122.78 feet, through
a central angle of 13· 31' 41", to the easterly corner of Lot 37 as shown on said
Record of Survey;
3) TH,ENCE North 42° 04' 07" West 21.47 feet to a point lying on the arc of a
curve having a radius of 24.00 .feet. whose radius point bears South 18° 29' 30"
East;
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Ingress and Egress Easement
September 14, 1993
Page 2
THENCE leaving said exterior line, clockwise along said curve, an arc length of 79.17
feet, through a central angle of 188" 59' 38" to the exterior line of Lot 36 as shown on
said Record of Survey, to a point of reverse curvature;
. '
THENCE along the exterior line of Lot 36 as shown on said Record of Survey the
following 2 (two) courses:
1) THENCE southwesterly along said reverse curve having a radius of 30.00 feet,
an arc length of 16.76 feet, through a central angle of 32" 00' 44", to a point of
reverse curvature;
2) THENCE southwesterly along said reverse curve having a radius of 535.00 feet,
an arc length of 85.12 feet, through a central angle of 09" 06' 57" to the POINT
OF BEGINNING. Containing an area of 2,508 square feet, more or less.
o· Co:)'ê ¿;u.('LS. , 1\"e-rG Or l~
Being the area designated as "Ingress and Egress Easement for the benefit of Lot 37 to
bE! r:reRted by separate docume'nt" as shown on said Record of Survey.
This description was prepared by:
Dated:
PK:pw
Y1Q;ػ1
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DEDICATION FOR STREEi rr.ð.l!!o· ~VJt,\110µ ~~~~ rV~
PUAPO~E~37:'~:'H S EVENS CANYON ROAD
97 . 55 1'0& ,A.1m~1'et:7 1.D1'?J1
_103.88 0'" '~~ 63'34'311' Ii: US.SO
\.. . 2.1' ~_300. 0 (,';:('~;¡$I
UI'" ... \9'50 ~
~"! ~- 1.71 !,;!¡':I '¡.,.
:"~ â-72'5S'29,N 53'34'39~: . ~"«~J
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f¡¡ g;, 'ADJUSTED cg.~ 1/1 k ADJÙSTED
<II,!, ~ LOT 37 ~ ~;; ~:. LOT 36
:: ...~. 17,104 S.F. 1ft:!" ~ :,,:
. 0... 0 393 AC ~. IØ . lit·
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in ~ A-56' 22'06' R-24.GO m:'
... .en L-23.61.
z : ~ _35' 1.11'02' R-30.D~:
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· _ _ J:.-.!1~1_ ,_ _ 21.7'
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L-e5.12
-09'OS'57' R-535.00
_32'00·44'
R-30.00
L-16.76
ADJUSTED
LOT 38
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oCt oN LOT 41
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50
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MOST SOUTHERLY CORNER
OF FORMER LOT 43A
SCALE fEET
25 0 50 100
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IU ¡~UOLJ'U IJJ
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MOST NOATHERTERLY
CORNER
INGRESS/EGRESS EASEM
FOR THE BENEFIT OF
IoO.JUSTEO LOT 3S.
2.035 S.F.
.6-1SiO' 40'30'
A-i4.00
L-79.87
... ..'..
INGRESS/EGRESS EASEMENT
FOR BENEFIT OF ADJUSTED
LOT 37. 2.523 S.F.
ADJUSTED
LOT 39
-
....
,
I
/
...
ADJUSTED
LOT 40
PLAT TO
ACCOMPANY A LEGAL DESCRIPTION FOR
ADJUSTED ~OT 37, 17, IO~ S.F.
CITY OF CUPERTINO
COUNTY OF SANTA CLARA CALIFORNIA
BRIAN KANGAS FOUlK
Cm&.L TIN6 EJrI6IIti::KS
Clt.: Z/24/9Z SCll.: AS NOTED
By: ".F .14. Sh..t PP-2
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