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Mutual Cross Parking Covenants and Easements - 2017RECORDING REQUESTED BY Jesse W. Jack, Esq. WHEN RECORDED MAIL TO: The Law Offices of Jesse Jack 2269 Dry Creek Road San Jose, California 95124 236®3617 Regina Alcomendras Santa Clara County - Clerk-Recorder 03/15/2017 02:13 PM Titles: 1 Pages: 8 Fees: $46.00 Taxes: 0 Total: 46.00 VIII ~~~.~~~~,~~~~ FY~ti~h ~~:~~1~~~~~4~~~~~~: ~'~'~~~'~~~t~~~ ii~~~~~ ~I II I -_ (Space above this line foY Reco~•de~'s Use) DECLARATION OF MUTUAL CROSS-PARKING COVENANTS AND EASEMENTS THIS DI;~CLARATION OF CROSS-PARKING COVENANTS AND EASEMENTS effective this ~ day of March, 2017, by Gelagio V, LLC, a California limited liability company,. WHEREAS, Gelagio V, LLC is the owner of real estate located in the City of Campbell, Santa Clara County, California, to-wit: Property 1: 1708 S. Winchester Blvd., Campbell, California, as legally defined as set forth in Exhibit A. Property 2: 1740 S. Winchester Blvd., Campbell, California, as legally defined as set forth in Exhibit B. Property 3: 1750 S. Winchester Blvd., Campbell, California, as legally defined. as set forth in Exhibit C. Referred to herein as the "Properties", and WHEREAS, Gelagio V, LLC desires to submit the respective Properties to these covenants, restrictions, and reciprocal easements for pedestrian and vehicular ingress, egress, parking, passage and traffic, over, upon and across areas of the respective Properties as hereinafter provided. NOW, THEREFORE, in consideration of One Dollar ($1.00), the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt, value and sufficiency of which is hereby acknowledged, Gelagio V, LLC hereby covenants and agrees as follows: SECTION 1. Definitions Permittees. The term "Permittees" shall mean and refer to all tenants and all customers, employees, licensees and other business invitees of the tenants. SECTION 2. Easements. 2.1 Grant of Easements. Gelagio V, LLC hereby grants to each parcel the following easements for use by the tenants and al] customers, employees, licensees and other business invitees of each parcel and their respective Permittees, without payment of any fee or charge: 2.1.2 Pedestrian Easements. Nonexclusive easements for the purpose of pedestrian traffic (i) between each Property; (ii) the public streets and alleys now or hereafter abutting or located on any portion of the Properties; (iii) the parking areas now and hereafter located on the Properties. 2.1.3 Vehicular Easements. Nonexclusive easements for the purpose of vehicular traffic over, upon, across and between each Property and the public streets and alleys now and hereafter abutting or located on any portion of the Properties; limited, however, to those portions of the Properties which are improved by Gelagio V, LLC thereof from time to time for vehicular access ways. 2.1.4 Parking Easements. Nonexclusive easements in and to the designated parking areas located on the Properties inclusive of access to and use for vehicular parking purposes. Gelagio V, LLC Property 1 shall be considered designated as a parking area for the purposes of this agreement. The easements for parking spaces and access shall be provided as determined by Gelagio V, LLC. 2.1.5 Fire and Emer ency Access. A nonexclusive easement for fire protection and emergency access for pedestrian and vehicular access, ingress and egress over, and across the Properties as are part of any pedestrian easement, vehicular easement, access easement or parking easement as above described or defined. SECTION 3.Nature of Easements and Rights Granted 3.1 Nature and Effect of Easements. Each and all of the easements, covenants, restrictions and provisions contained in this Agreement: (a) Are made for the direct, mutual and reciprocal benefit of the Properties; (b) Create mutual equitable servitudes upon each Property in favor of the other Property; (c) Constitute covenants running with the land; and (d) Shall bind every person or entity having any fee, leasehold or other interest in any portion of the Properties at any time or from time to time to the extent that such portion is affected or bound by the easement, covenant, restriction, or provision. 3.2 Transfer of Title. The acceptance of any transfer or conveyance of title from any Party hereto or its respective heirs, representatives, successors or assigns of all or any part of its interest in its Properly shall be deemed to: (a) Require the prospective grantee to agree not to use, occupy or allow any lessee or occupant of such Property to use or occupy the Property in any manner which would constitute a violation or breach of any of the easements and covenants contained herein; and (b) Require the prospective grantee to assume and agree to perform each and, all of the obligations of the conveying party under this Agreement with respect to any such Property which will be conveyed to each grantee, in each case by a written instrument executed, acknowledged and recorded in the offices of the Santa Clara County Clerk. 2 SECTION 4. Maintenance 4.1 Maintenance. (a) Gelagio V, LLC shall maintain the Properties, which maintenance shall include maintenance and repair of the sidewalks, parking lot and driveways situated on the Properties. (b) Gelagio V, LLC shall be responsible for trash oval on the Properties. (c) Installation and maintenance of such appropriate entrance, exit and directional signs, markers and lights as Gelagio V, LLC deems appropriate. (d) Gelagio V, LLC reserves the right to pass on the cost of repair and maintenance of the parking and access areas in accordance with the terms of each individual lease. SECTION 5. Duration and Termination ti~, i X3:'1 Duration. The easements, covenants, restrictions and other provisions of the Agreement shall continue until said parcels are redeveloped in accordance with all laws, regulations, statutes and ordinances. %~ ~2 Amendment. This Agreement, or any easement, covenant, restriction or undertaking contained herein, may be terminated, extended or amended as to Properties only by the recording of the appropriate document in the offices of the Santa Clara County Clerk, San Jose, California, which document must be executed by all of the Parties affected thereby, as of the date of such document. SECTION 6. Recording A fully executed counterpart of this Declaration of Mutual Cross-Parking Covenants and Easements shall be recorded in the offices of the Santa Clara County Clerk, San Jose, California. SECTION 7. Benefit This Agreement shall inure to the benefit of, and be binding upon, Gelagio V, LLC and its tenant and/or assigns approved by Gelagio V, LLC. SECTION 8. Waiver No waiver of any breach of any of the easements, covenants and/or agreements herein contained shall be construed as, or constitute, a waiver of any other breach or a waiver, acquiescence in or consent to any further or succeeding breach of the same or any other covenant and/or agreement. SECTION 9. Severability If any term or,,~~provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remaining ts'nat9d provisions of this Agreement shall not be affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. SECTION 10. Applicable Law This Agreement shall be construed and enforced in accordance with the laws of California. IN WITNESS WHEREOF, Gelagio V, LLC has executed this Cross-Parking Easement Agreement effective as of the day and year first above written. Gelagio V, LLC, a California limited liability company - ~° By: Its: {ry- ~ 2.~ [NOTARY ACKNOWLEDGEMENT TO FOLLOW] L~ . ~ ~~~ ,~ ~~~ 4 CALIFORNIA ALL~PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of Califo~r-nia County of ~~~ ~~~` t°`` y~~~ On ~/~Lf:.~ f ~r /`~ before me, ~~ ~ ~ `' ~ I~J'rlc~; ~~~~ , Date ~, ~ 'N`ame and Title of the Officer personally appeared ~<~jCJ ~-'35~ Name(s) of Signer(s) who 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 his/her/their authorized capacity(ies), and that by JON All. BAIO his/her/their signature(s) on the instrument the `~"~ commission # 2086094 person(s); or the entity upon behalf of which the a °'=~ ~ Notary Public - California z person(s) acted, executed the instrument. z :5..<- ''"' °" Santa tiara county ' I certify under PENALTY OF PERJURY under the laws My Comm. Expires Nov 11, 2018 of the State of California that the foregoing paragraph is true and correct. c{-c511'~~ ~y ~' _ WITNES y h nd n ici I~se~a . Place Notary Seal Above Signature: Signature of No ary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Individual ^ Attorrey in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Signer's Name: ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Individual ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: ©2013 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A (1708 S. Winchester Blvd., Campbell, CA ) The following described property in the City of Campbell, County of Santa Clara, State of California: PORTION OF LOT 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MAP OF P.G. KEITHS SUBDMSION", WHICH MAP WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF lNE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, ON JANUARY 20, 1890 IN BOOK 0 OF MAPS, AT PAGE 169, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE SANTA CLARA AND'LOS GATOS ROAD (50 FEET WIDE) WHERE THE SAME IS INTERSECTED BY THE NORTHERLY LINE OF LOT 2 AS SHOWN UPON THE RECORDED MAP OF THE P.G. KEITH'S SUBDMSION, HERQNABOVE REFERRED TO, SAID POINT OF INTERSECTION BANG THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE RUNNING ALONG THE SAID CENTER LINE OF THE SANTA CLARA AND LOS GATOS ROAD, SOUTH 50 FEET TO THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED BY E.R. GARRISON AND BARBARA GARRISON, HIS WIFE, TO COSMO D. PERROTTA AND ERNESTA I. PERROTTA, HIS WIFE, AS JOINT TENANTS, , BY DEED DATED SEPTEMBER 14, 1953 RECORDED SEPTEMBER 16, 1953 IN BOOK 2721 OF OFFICIAL RECORDS AT PAGE 427; THENCE LEAVING SAID CENTER LINE OF THE SANTA CLARA AND LOS GATOS, AND RUNNING ALONG THE NORTHERLY LINE OF SAID PARCEL SO CONVEYED TO PERROTTA, SOUTH 89° 24' EAST A.DISTANCE OF 168 FEET, MORE . OR LESS, TO A POINT IN A LINE THAT IS PARALLEL WITH AND DISTANCE NORTH 89° 24' WEST 135 FEET FROM THE WESTERLY LINE OF TRACT NO. 338 THE MAP OF WHICH WAS FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF CALIFORNIA ON JULY 15, 1946 IN BOOK 11 OF MAPS, AT PAGE 16; THENCE ALONG SAID PARALLEL LINE, NORTH 0° 02' 30" EAST A DISTANCE OF 50 FEET, MORE OR LESS TO A POINT IN THE SAID NORTHERLY LINE OF SAID LOT NORTH 89° 24' WEST A DISTANCE OF 168 FEET TO THE POINT'OF BEGINNING. EXHIBIT B (1740 S. Winchester Blvd., Campbell, CA ) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Portion of Lot 2, "Map of P.G. Keith Subdivision", recorded January 20, 1890 in Book "D" of Maps, Page 169, Santa Clara County Records; as follows: Beginning at a point in the center line of S. Winchester Blvd., formerly Santa Clara and Los Gatos Road (50 feet wide) distant thereon North 446.635 feet from the point of intersection thereof with the center line of Latimer Avenue (40 feet wide); thence along said center line of S. Winchester Blvd., North 95.00 feet to the true point of beginning; thence parallel to the North line of land conveyed to Cosmo D. perrotta et ux, by Deed recorded, in Book 3012 Official Records, Page 107, South 89° 24' East 169.55 feet more or less, to the point of intersection thereof with a line that is parallel with and distant West 134.00 feet at right angles from the West line of Tract No. 338 recorded in Book 11 of Maps, Page 16; thence parallel with said West line, North 0° 02' 30" East 25.00 feet, more or less, to the point of intersection thereof with the East prolongation of the South line of said land so conveyed to Perrotta hereinabove referred to; thence along said East prolonged line, North 89° 24' West 1.00 feet to the Southeast corner thereof; thence along the East and North lines thereof, North 0° 02' 30" East 45.875 feet and North 89° 24' West 168 feet, more or less, to said center line of S. Winchester Blvd., thence along said center line, South 70.875 feet to the true point of beginning. , Excepting the West 45 feet conveyed to City of Campbell, by Deed recorded in Book 4135 Official Records, Page 230. EXHIBIT C (1750 S. Winchester Blvd., Campbell, CA ) THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CAMPBELL, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Portion of Lot 2 "Map of P.G. Keith's Subdivision", recorded January 20, 1890 in Book "D" of Maps, Page 169, Santa Clara County Records, as follows: Beginning at a point in the center line of S. Winchester Blvd., formerly Santa Clara and Los Gatos Road (50 feet wide) distant thereon North 446.635 feet from the point of intersection thereof with the center line of Latimer Avenue (40 feet wide); thence along said center Hine of S. Winchester Blvd., North 95.00 feet; thence parallel to the North line of land conveyed to Cosmo D. Perrotta et ux, by Deed recorded in Book 3012 Official Records, Page 107, Street 89° 24' East 169.55 feet, more or less, to the point of intersection thereof with a line that is parallel with and distant West 134.00 feet at right angles from the West line of Tract No. 338, recorded in Book 11 of Maps, Page 16; thence parallel with said West line, South 0° 02' 30" West 95.00 feet to a point in the South line of land conveyed to E.A. Garrison, et ux, by Deed recorded in Book 2503 Official Records, Page 543; thence along said South line, North 89° 24' West 169.46 feet to the point of beginning. Excepting the West 45 feet conveyed to City of Campbell, by Deed recorded in Book 4135 Official Records, Page 230. f ~s{ ~~: ~2 ~. ._ .. 3r `~'~ ,. ... °..:: gat; V r't~ 'f 1~: X~R K e P, ~ ~ ~ If 5L S ' { 1 nn ~:;' n'n l.i.. C - F `J