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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) Uj--¿¿--j4 ¡U:UUAM IIUM DIIAD ~tDUA~ IAUL~ IV l~UOU"UIJJ ¡ Ul U U¡ I ..' 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 - ~'~_"",,' ",",'-r" ''''''" .--........,.". "-'-'n~T:r·:t!",,:~:"- 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: PK:pw . 010100,1'0 .,.,.,,,' .. Uj--¿¿--~4 lU.vU^¡~ I~v!~ Dr,,¡\¡i r'¡,l'u¡\O flWLß LV ¡Ii-UùLJ¿U IJJ ¡ U j 'if U 1 I -- STEVENS CANYON ROAD X ADJUSTED H ADJUSTED JJ LOT 37 LOT 36 > X /~ 0 Z -I r11 - " ~ -------~" , JJ \ 0 / > 0 INGRESS/EGRESS EASEMENT FOR BENEFIT OF ADJUSTED LOT 40, 2.49B S.F. ;z ADJUSTED ADJUSTED <01 LOT 39 co LOT 38 . .. ð-33'41'3S' 6"123' 33·11' N ... R-30.DO R-24.00 .. In L-17 .B4 L-SS.75 .. . .0 6-07'05'53' R_7B5.00 _In L..97.4B II 48'07· 6'E 1S4,SI 102.111 L"SOO.OB -07' 0'07' R"IOO.OO L-99.01 ð-OS'S7'37' R-S1S.00 '" (01'" (010 .:~ \). .0 >0= ... .' 6-33'26'OS' R-30.00 L-17 .!lS ~33'34'51' R-24.00 L-14.07 52.0~oe'w 48' 01 ;I- .l'"'89'!lS· 411' ... R-24.00 L-37.69 ADJUSTED LOT 40 16,504 S,F. 0.379 AC. . ~~~ '" :-a..... a:~ o In . .:1: 1/1 ,. - . .. . NN . ,. o . 0" .... . "' P.O.B. P;5MT P,O.B. :z;; !II' ",0 'r- .. II) .. - , s ADJUSTED LOT 41 ;¡ Ñ-4 !II 13t S 4S'07'06 \I 50 I SCALE 25 0 FEET 50 100 I 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 ------- ,