CC Resolution No. 9182
RESOLUTION NO. 9182
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ACCEPTING "AGREEMENT GRANTING INGRESSÆGRESS EASEMENT"
BY PARVIZ 1. NAMV AR, LOT 40, MIRAMONTE STREET
WHEREAS, Parviz 1. Namvar, Grantor, has executed an "Agreement Granting
IngressÆgress 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 0.057 acre, located within Lot 39, 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, I994, by the following vote:
YQ1!:
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
Burnett, Dean, Sorensen, Koppel
None
Bautista
Burnett
APPROVED:
/s/ Barb Koppel
Mayor, City of Cupertino
ATTEST:
/s/ Roberta Wolfe
Deputy City Clerk
"
.'
": II
FORM NO.2
AGREEMENT GRANTING INGRESS/EGRESS EASEMENT
This instrument is made by PARVIZ 1. NAMVAR (NAMVAR)
(applicant property owner).
RECI'fl\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 "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 permit, etc.]
3. Said approval by the City of Cupertino was
granted upon the condition that
NAMV AR
(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 THEREFORE 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 40 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 39
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 ReDairs within Easement.
The roadway shall be maintained as follows:
The owners, successors and assignees of Lot 40
shall be jointly responsible for sharing the costs of
construction maintenance repairs of the cul-de-sac
improvements on Lot 39 and said costs shall be apportioned
equally between the owners, successors and assignees of
Lot 40 and Lot 39.
5. General Drovisions.
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
this Agreement this ~ \1-.. day of ~.-J:91t6. \9<?4 ~.~
By, Q;,~ "a.,,~
PARVIZ I.
COUNTY OF
)
) ss.
)
STATE OF CALIFORNIA,
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
AGRREMENT GRANTING INGRESSjÐ:;RESS EASEMENT
State of California
County of Santa Clara
On 8/4/94
}
,before me, Brian C. Upton. Notarv Public
personally appeared
'P~T\1; '7. T t\l;::t1T'ft7;:tT
o personally known to me . or ' [;J 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 hislher/their signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
,
h{lnd and official seal.
C.
OFFICIAL SEAL
BRIAN C. UPTON
NOTARY PUBUC-CALIFORNIA
PRINCIPAL OFFICE IN THE
COUNTY Of SANTA CLARA
" 'MY Commission Expires Aug. 4, 1995
S.()260 (Rev, 4194)
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IV l~UOU"UIJJ
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I Brian Kangas Foulk
September 14, 1993
BKF Project No. 910309-10
EXH\BH f\
PROPERTY DESCRIPTION FOR:
FOR THE BENEFIT OF:
CORRECTED LOT 40
tonlÚl¡,g !ngInll<l
sIn PI'ir.t......
_0Gd DtJ CA 9-4063
415/365·0412
fAX 415/315·1210
INGRESS AND EGRESS EASEMENT OVER CORRECT&D LOT 39
SITUATE In the City of Cupertino, County of Santa Clara, State of California and
dClscribed as follows:
BEING ~ portion of Lot 39 as shown on the R,!S0rd of Survey filed:Þ?-rÞ.M1Ioer- 14-
, 1993 In Book Jt:6'J.. of Maps at Page--LL--..... Santa Clara County Records, said
easement being more particularly described as follows:
BEGINNING at the most southerly corner of Lot 39 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 39 as shown on Mid Record of Survey the following
3 (three) courses:
1) THENCE northwesterly along said northeasterly line North 39· 12' 11" West 15.05
feet. to a point on the arc of a non-tangent curve concave to the northwest, having
a radius of 785.00 feet, whose radius bears North 34· 37' 37" West:
2) THENCE northeasterly along said curve, an arc length of 97.48 foet, through a
central angle of 07· 06' 53", to a point of compound curvature;
3) THENCE northeasterly and northerly along said curve having a radius of 30.00
feet, an arc length of 17.64 feet, through a central angle of 33· 41' 35", to a point
of reverse curvature;
THENCE , clockwise along said curye having a radius of 24.00 feet, an arc length of
51.35 feet. through a central angle of 127.· 35' 52" to the southeasterly line of Lot 3g as
shown on said Record of Survey;
V'OJOg.I<o
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03-22-94 ¡0:00AM FROM BRIAN KENGAS FAULK
TO 14082520'/53
fO 1 3/0 11
,
Ingress and Egress Easement
September 14, 1993
Page 2
THENCE southwesterly along said southeasterly line the following 2 (two) courses:
1) THENCE South 47" 38' 52" West 45.43 feet to the beginning of a curve to the right
having a radius of 800.00 feet;
2) THENCE along said curve, an arc length of 106.66 feet, through a central angle
of 07" 38' 21" to the POINT OF BEGINNING. Containing an area of 2,488 square
feet, more or less. 0 .Dr? Q.¿.¡rq , tr'O"'~ of" (es~
Being the area designated as "Ingress and Egress Easement for the benefit of Lot 40 to
be created by separate document" as shown on said Record of Survey.
Deled:
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ROAD
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JJ LOT 37 LOT 36
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INGRESS/EGRESS EASEMENT
FOR BENEFIT OF ADJUSTED
LOT 40, 2.49B S.F.
;z ADJUSTED ADJUSTED
<01 LOT 39
co LOT 38
.
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L-37.69
ADJUSTED
LOT 40
16,504 S,F.
0.379 AC.
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PUT TO
ACCOMPANY A LEGAL DESCRIPTION FOR
ADJUSTED LOT 40, 16.~04 S.F.
CITY OF CUPERTINO
COUNTY OF SANTA CLARA CALIFORNIA
MOST SOUTHERLY CORNER
OF FORMER LOT 431.
BRIAN KANGAS FOULK
CmGLTING ENGINEERS
Oat.: 2/24/92 Scale: AS NOTED
By: ".F .M. Sh..t PP-6
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