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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 rUUO/UJ ( , . ~ . 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 f ledíb~~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; '10Þ0t'~~ D..'......:~....I t'.......:..._ co:... ,nu: '~:':";:-Ì::!!" ': - ,---- -; ¡" .,' .,~, "!-'~::-'~!'iiIi"::~'"'' ...-..--.-.--....-----.,....- "'-,:rr."·'- ""1 ~.;."'" 'II'..... 03-22-94 lO:OOAM FROM BRiAN KtNuAS rAULK 10 ImmUI~j rUUI/U 11 ... r. 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;Ø»1 ~-......' 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 ~ 1:~~: ~g , I!¡: -: '........ f¡¡ g;, 'ADJUSTED cg.~ 1/1 k ADJÙSTED <II,!, ~ LOT 37 ~ ~;; ~:. LOT 36 :: ...~. 17,104 S.F. 1ft:!" ~ :,,: . 0... 0 393 AC ~. IØ . lit· ~ øt... . , . ~. '" 8~: in ~ A-56' 22'06' R-24.GO m:' ... .en L-23.61. z : ~ _35' 1.11'02' R-30.D~: · . L.18.49~ .. 'VI · .. .. · _ _ J:.-.!1~1_ ,_ _ 21.7' t~~: ~::;g: ~:;~~:gg L_12.2..06 ~j-¿¿--~, IU:UU^M I~UM D~I^~ ~t~UA~ IAUL~ '. P.O.B. ESMT. :0:" . . ... . _. . ...In . - .. . ~ $: &t I&J: '" . . z g¡: '" N . N '" ... L-e5.12 -09'OS'57' R-535.00 _32'00·44' R-30.00 L-16.76 ADJUSTED LOT 38 o oCt o a: 1-'" UJ ¡: ~ \!!~ Z < 1&.1:11: 0 · . .. X ...- ADJUSTED oCt oN LOT 41 .... a: a... 1-1 om ÞO-Z X 50 I MOST SOUTHERLY CORNER OF FORMER LOT 43A SCALE fEET 25 0 50 100 I IU ¡~UOLJ'U IJJ fUUO/ UI I 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 ¡...'.,..",.'... ..,',.., --,,,.. , -..-- __a _.._ ""'l"ó-?'-"'.' , -,---,-,-....-.--~..,-=-!'"'-. ,-,--'" ,,""''' , ' ----- ...---