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U-1992-12bCit4 of Cuperti"o 10300 Torre Avenue Cupertino, CA 95014.325S Telephone: (408) 2S2.450S FAX: (408) 252-0753 COMMUNITY DEVELOPMENT December 15. 1992 Craig Hardy Taco Bell 1650 Borel Place, 0101 San Mateo, California 94402 Subject: Application 12-U-92 - Taco Hell This letter confirms the decision of the Cupertino Planning Commission, gives at its regular minting of December 14. 1992 to approve the subject application according to the findings and conditions specified in the enclosed copy of Planning Commission Resolution No- 4435. Please note these conditions carduAy. Subsequent submittal of materials for building permits or other entitlements will be checked for compliance with the conditions listed in the Resolution, discrepancies may result in processing delays. Please contact our office if you have questions about this matter. Please be aware that an appeal of this decision can be made within fourteen working days of the decWon. If this oaten, you will be notified of a public hearing which will be scheduled before the City Council. CITY OF CUPERTINO Vl �uw 1�z Michcle Bjurman Community Development Department 01.iodovalt2un 12-U-92 CITY OF CUPERTINO 10300 Torn Avenue Cupertino, California 95014 RESOLUTION NO. 4433 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO APPROVING A USE PERMIT FOR A SHARED INGRESS/EGRESS AND PARKING cEMW 1: FINDINGS WHEREAS, the Planning Commission of the City of Cupertino received an application for a Use Permit, as described on Page 2 of this Resolution; and WHEREAS, the applicant has met the burden of proof required to support said application; and WHEREAS, the Planning Commission finds that the application meets the following requirements: a) That the use or uses are in conformance with the General Plan of the City of Cupertino, and are not detrimental to existing uses or to rues specifically permitted in the zone in which the proposed use is to be located. b) That the property involved is adequate in size and shape to accommodate the proposed use. c) That the proposed use will not generate a level of traffic over and above that of the capacity of the existing street system. d) That the proposed use is otherwise not detrimental to the health, safety, peace, gals and general welfare of persons residing or worldng in the neighborhood of such proposed uses, nor injurious to property and improvements in the neighborhood. NOW, THEREFORE, BE 1T RESOLVED: That after careful consideration of maps, fads, exhibits, testimony and other evidence submitted in this matter, the application for Use Permit is hereby recommended for approval, subject to the conditions which are enumerated in this Resolution beginning on Page 2 thereof, and That the subconclusions upon which the findings and conditions specified in this Resolution are basal and contained in the Public Hearing record concerning Application 12-U-92 as set forth in the Minutes of the Planning Commission Meeting of December 14,1992, and are incorporated by refianaco as though fully set forth herein. SECMON II: PROJECT DESCRIPTION Application No(s): 12-U-92 Applicant: Craig Hardy - Taco Bell Property Owner, Christina Lamonica. Paul Pries Project Location: 10700 and 10710 South De Ana Boulevard Resolution No, 4435 (12-U-92) December 14, 1992 Page -2- SECTION M- r ()NDITIONS ADMr USTERED AY THE COMMLnJiTY DEVFI npmFnrr nFoen��cwrr 1. APPROVED The recommendation of approval is based on Site Plan dated October 29, 1992 except as may be amended by the Conditions contained in this Resolution. 2. INGRESSIEGRESS The applicant shall record an appropriate deed restriction and covenant running with the land, subject to approval by the City Attorney, with all parcels which share a common private driveway or private roadway with one or more parcels, including but not limited to the parcels to the South and east Said deed restriction shall provide for necessary reciprocal ingress and egress easements to and from the affected parcels, to be implemented at such time in the future as the City can require the same of the adjoining property owners. If the ingress/egress opening between Taco Bell and Paul's restaurant is proposed for closure in the future, this and Taco BcWs use permit shall be modified accordingly. By implementing the access condition, Taco Bell agrees to amend its deed restriction to provide ingress/egress to all parcels which share a private driveway. Said easements shall be recorded within 30 days of this approval. 3. BESTRIDING The subject parking lot shall be restriped and improvements made as depicted on said site plan within 30 days of this approval. PASSED AND ADOPTED this 14th day of December, 1992 at a Regular Mating of the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Austin. MaclteaaG NtdKmry, Mann and Chairman Fazekas NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ASSENT: COMMISSIONERS: None ATTEST: APPROVED: /s/ Robert Cowan A/ Darvl Fa>•r w Robert Cowan Daryl Fazskas, Chairman Director of Community Development Planning Commission ev=VcsnV 2tM has 11752274 SANTA CL, ..3j.X C:.�:I fY ni—=MiDE+3 WHEN RECORDED, RETURN TO: r' F%,_'J OR RLUGHL, ME TACO BELL CORP. 17901 Von Karman Ave. Irvine, CA 92714 J (� `� 5J '•1' '93 Attn: Law Dept. Site No. 4606OU.11CR LMP _ , " _ NAME 'f :.r,E;) RECIPROCAL EASEMENT AGREEMENT THIS RECIPROCAL EASEMENT AGREEMENT ("Agreement") is made by and between PAUL'S RESTAURANT ("Paul's") and TACO BELL CORP., a California corporation ("Taco Bell"). WITNESSETH: WHEREAS, Taco Bell is a party to that certain lease dated August 1, 1989 (the "Lease") with the La Monico Revocable Trust dated March 28, 1989 (Christina B. La Monico and Matthew P. La Monico as Trustees) for lease of that certain real property located in the City of Cupertino, County of Santa Clara, State of California, which is more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Parcel 1"); WHEREAS, Paul's is the owner of that certain real property located in the city of Cupertino, County of Santa Clara, State of California, which is more particularly described on Exhibit " B" attached hereto and incorporated herein by this reference ("Parcel 2"); WHEREAS, Paul's and Taco Bell desire to grant and receive certain easements with respect to Parcels 1 and 2; THEREFORE, in consideration of the covenants contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the following grants, agreement, covenants and restrictions are made: A. EASEMENT FOR INGRESS AND EGRESS Taco Bell hereby grants and conveys to Paul's the non-exclusive right in common with others, during the term of the Lease and any extensions thereof, to utilize the parking areas and spaces, driveways, access ways, sidewalks, walkways, exits, entrances, and other paved areas, as of Paul's and Paul's employees, agents, customers, invitees and licensees, for purposes of pedestrian and vehicular ingress and egress. Paul's hereby grants and conveys to Taco Bell the non-exclusive right in common with others, during the term of the Lease and any extension thereof, to use the parking areas and spaces, driveways, access ways, sidewalks, walkways, exits, entrances and other paved areas, as the same may exist from time to time on Parcel 2, for the use and benefit of Taco Bell and Taco Bell's employees, customers, agents, invitees and licensee, for purposes and pedestrian and vehicular ingress and egress. B. BARRIERS None of the parties shall unreasonably prevent, hinder or interfere in any way with the free flow and passage of vehicular and pedestrian traffic to and from Parcel 1 and Parcel 2. C. COMPLIANCE WITH LAWS AND REGULATIONS - INDEMNIFICATION Paul's and Taco Bell covenant and agree, with respect to their respective parcels, to comply with all laws, rules, regulations and requirements of all public authorities, and to indemnify, defend and hold each other harmless against all claims, demands, loss, damage, liabilities and expenses and all suits, actions and judgments (including but not limited to costs and attorney's fees) arising out of or in any way related to the Lease, Paul's or Taco Bell's failure to maintain its respective parcel in a safe condition. Paul's and Taco Bell shall give prompt and timely notice of any claim made or suit or action commenced against the other party which in any way would result in indemnification under this Easement. D. MAINTENANCE, EXPENSES AND TAXES Paul's and Taco Bell covenant and agree to maintain in good condition and repair the parking areas and spaces, driveways, access ways, sidewalks, walkways, exits, entrances, and other paved areas on their respective parcels, and to pay all expense incurred in connection therewith, including the payment of all real estate taxes and assessments, subject only to the right to defer payment in a manner provided by law and/or in connection with a bona fide contest of such tax or assessment, so long as the right of the other party shall not be jeopardized by the deferring of payment. E. COVENANTS RUNNING WITH LAND The rights contained within this Agreement shall run with Parcels 1 and 2 and shall inure to and be for the benefit of Paul's and Taco Bell, their successors and assigns, and the tenants, subtenants, licensees, concessionaires, mortgagees in possession, customers and business invitees of the parties. Notwithstanding the rights contained herein, this Agreement is subject to annual renewal by both parties, Paul's and Taco Bell. In the event that this Agreement becomes null and void, Taco Bell must inform the city of such within fifteen (15) days from date that the Agreement ceases and immediately take steps to modify the use permit accordingly. F. COVENANTS OF TITLE AND QUIET ENJOYMENT Paul's warrants that it has good and indefeasible fee simple title to Parcel 2, and Paul's warrants and will defend the title to Parcel 2 and will indemnify Taco Bell against any damage and expense which Taco Bell may suffer by reason of any lien, encumbrance, restriction or defect in the title or description of Parcel 2. G. ATTORNEY'S FEES In the event that either party bring an action to enforce its right hereunder, the prevailing party in such action shall be entitled to receive all costs and reasonable attorney's fees in addition to any damages to which it is due by reason of such action. H. NOTICES Any demand or notices allowed or required hereunder shall be served upon the other by depositing one copy of same in the United States mail, postage prepaid, certified or registered mail, return receipt requested and addressed as follows: Paul's Restaurant, Inc. Taco Bell Corp. 10700 S. De Anza Blvd. 17901 Von Karman Ave. Cupertino, CA 95014 Irvine, CA 92714 Attn: Iaw Dept./Real Estate Unit #4606 PAUL'S RESTAURANT, INC. TACO BELL CORP., a California corporation By: B Max Crai Its: Its• V1ze sid -ru Date: / - �— `� 3 Date: JAN 2 1 1993 APPROVED AS TO FORM: Reviewed by CITY ATTORNEY, Sharon Van Den Eykel CITY OF CUPERTINO Date I - 21 'S3 Its•diS7A/!f CAl� Date: EXH]BIT "A" PARCEL 1 ALL OF PARCEL A AS SHOWN UPON THAT RECORD OF SURVEY, "OF A PORTION OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 7 SOUTH, RANGE 2 WEST, MOUNT DIABLO BASE AND MERIDIAN", WHICH MAP WAS FILED FOR RECORD JULY 18, 1963, IN BOOK 163 OF MAPS, PAGE 29. it BEGINNING AT THE SOUTHEAST CORNER OF PARCEL A AS SHOWN UPON THAT CERTAIN RECORD OF SURVEY, WHICH MAP WAS RECORDED IN BOOK 163 OF MAPS, PAGE 29, SANTA CLARA COUNTY REOCRDS; THENCE N. 690 52' 05" W. 122.03 FEET ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL A; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANGLE OF 440 05' 23" FOR AN ARC LENGTH OF 30.78 FEET; THENCE S. 0" 03' W., 31,71 FEET ALONG A LIE PARALLEL AND 64.00 FEET PERPENDICULAR DISTANCE FROM THE CENTERLINE OF SARATOGA-SUNNYVALE ROAD AS SHOWN ON SAID MAP; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20.00 FEET THRUGH A CENTRAL ANGLE OF 970 40' 40" FOR AN ARC LENGTH OF 34.10 FEET; THENCE ALONG A TANGENT CURVE TO THE RIGHT FROM A TANGENT BEARING OF N. 820 22' 20" E., HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 250 59' 42" FOR AN ARC LENGTH OF 115.69 FEET; THENCE N. 00 03' E., 0.13 FEET TO THE POINT OF BEGGINNING. J E7 mr.r "B" ALL OF PARCEL B. AS SHOWN ON THAT CERTAIN "RECORD OF SURVEY, BEING A PORTION OF N.E. 114, SEC. 24, T. 7 S., R. 2 W., M.D.B.&M. IN THE CITY OF CUPERTINO, CALIFORNW", WHICH MAP WAS FILED FOR RECORD ON SEPTEMBER 10,1968 IN BOOK 242 OF MAPS, AT PAGE 16.