Deed Restriction - Easement and Agreement - 2015Recording Requested By:
Larry Hester, Trustee of the Hester Family
Trust dated September 11, 1990
When Recorded Mail To:
Larry Hester
400 Industrial Street
Campbell, California 95008
Float Station, LLC
Ryan Ariko
36 Railway Street
Campbell, California 95008
DOCUMENT: 23038790
REGINA ALCOMENDRAS
SANTA CLARA COUNTY RECORDER
Recorded at the request of
Grantor
Pages: E
Fees.... 40.00
Taxes...
Copies.. 27.00
AMT PAID 67.00
RDE # 024
7/30/2015
11:14 AM
SPACE ABOVE THIS LINE'RESERVED FOR RECORDER'S USE
No documentary Transfer Tax Due
EASEMENT AND AGREEMENT
Preamble and Recitals
This Easement and Agreement is entered into on July 3 L, , 2015 by and
between Larry Hester, hereafter referred to as "Grantor" and Float Station, LLC, a
California Limited Liability Company, hereafter referred to as "Grantee."
WHEREAS, Grantor is the owner of two parcels of certain real property situated
in the City of Campbell, Santa Clara County, State of California commonly known as 36
Railway Avenue, Campbell, CA 95008 ("Dominant Tenement") and 40 Railway Avenue,
Campbell, CA 95008 ("Servient Tenement") and more particularly described in Exhibits
"A" and "B", respectively and attached hereto and incorporated herein by reference;
and,
WHEREAS, Grantee has a possessory interest in the Dominant Tenement
property under a lease with Grantor dated June 1, 2014 for a period of five (5) years
with two (2) five (5) year options to extend the lease term; and,
WHEREAS, pursuant to Planning Commission Resolution No. 4197, Grantee
has been granted an Administrative Planned Development Permit (PLN2014-258) from
the City of Campbell to allow the establishment of a health spa (d.b.a. Float Station) and
an addition and remodel to an existing one-story commercial building at the Dominant
Tenement subject to a Reciprocal Parking and Access Covenant as follows:
Reciprocal Parking and Access Covenant: Prior to submittal
of building permits, a covenant running with the land shall be
recorded by the owner to both 36 & 40 Railway Avenue
guaranteeing that four (4) parking spaces will be maintained
for the life of the use and activity served. The covenant shall
include language to allow for reciprocal access between the
two properties for general access and vehicular circulation,
as well as flexibility to allow the required parking spaces to
be reassigned or relocated within the development in the
event the property is redeveloped. The covenant shall be
required to be reviewed and approved by the City Attorney
prior to issuance of building permits.
WHEREAS, Grantee desires to acquire certain rights in the Servient Tenement
to satisfy the requirements for development of the Dominant Tenement mandated by
Resolution No. 4197; and,
WHEREAS, Grantor desires to accommodate Grantee with the granting of
certain rights in the Servient Tenement to Grantee.
NOW, THEREFORE, Grantor and Grantee mutually agree as follows:
1. Grantor hereby grants to Grantee an easement appurtenant in the Servient
Tenement for the benefit of the Dominant Tenement described as four (4) parking
spaces.
2. The easement granted shall be for so long as the use and/or facilities of the
Dominant Tenement are maintained. Any termination of the easement granted shall
require the written authorization of the Community Development Director of the City of
Campbell.
3. There shall be reciprocal access between the Dominant Tenement and the
Servient Tenement for general access and vehicular circulation to accommodate the
easement grant.
4. Grantee shall have the option to relocate and reassign the parking spaces within
the Dominant Tenement in the event the Dominant Tenement is further developed.
5. Grantee's use of the easement granted herein shall be exclusive. Grantor shall
not grant or assign to others any right-of-way or easement in the Servient Tenement.
Notwithstanding the terms of this provision, Grantor reserves the right to use the
Servient Tenement in a manner consistent with Grantor's free use and enjoyment of the
easement granted.
6. This Agreement, including any interest herein, shall not be assigned without the
prior written consent of the other party.
7. Grantee shall indemnify, defend, and hold harmless Grantor from and against all
claims, demands, actions, causes of action, losses, costs, and liabilities, of any kind or
nature, arising out of, or related to Grantee's use and enjoyment of the easement
granted in the Servient Tenement, except for any claims, demands, actions, causes of
action, losses, costs, or liabilities that are the proximate result of the sole negligence or
willful misconduct of the Grantor.
8. If any legal action or proceeding arising out of or relating to this Agreement is
brought by either party to this Agreement, the prevailing party shall be entitled to receive
from the other party, in addition to any other relief that may be granted, the reasonable
attorneys' fees, costs, and expenses incurred in the action or proceeding by the
prevailing party.
9. Any amendment to this agreement shall be of no force and effect unless in
writing and signed by Grantor and Grantee.
10. This Agreement shall be binding on and shall inure to the benefit of the heirs,
executors, administrators, successors, and assigns o�,Grantor and Grantee except as
otherwise provided herein.
Dated: July`-', 2015
Larry'Hester, T
and Grantor
Dated: July; L , 2015 Float Statio , LLC Grantee
Y�
B 7 Ix
Ryan Ariko, Manager
MAIL TAX STATEMENTS TO SAME AS ABOVE
Ica
Order Number: 4304-4727959
Page Number: 6
LEGAL DESCRI PTI ON
Real property in the Qty of Campbell, County of Santa Cara, State of California, described as
follows:
PARCEL ONE: (APN: 412-09-008)
LOT 6 1 N BLOCK 1, MAP ENTI TLED, "MAP OF RUCKER'S ADDI TI ON I N THE TOWN OF CAMPBELL,
BEI NG A PART OF SEC. 35 T.7S.R. 1 W. M.D.M.", MAP RECORDED ON MAY 20, 1895, MAP
VOLUME -7, PAGE(S) 39, SANTA CLARA COUNTY RECORDS.
EXCEPTI NG THEREFROM THAT CERTAI N PORTI ON THEREOF DEEDED TO THE Q TY OF
CAMPBELL BY THAT CERTAI N GRANT DEED RECORDED FEBRUARY 27, 1976 1 N BOOK B890,
PAGE 434 SANTA CLARA COUNTY RECORDS, BEI NG MORE PARTI CULARLY DESCR BED AS
FOLLOWS:
BEGI NNI NG AT THE SOUTHWESTERLY CORNER OF LOT 6 1 N BLOCK 1 AS SHOWN UPON THE
MAP ENTI TLED "MAP OF RUCKER'S ADDI TI ON I N THE TOWN OF CAMPBELL" RECORDED I N THE
OFFI CE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALI FORNI A, ON MAY 20, 1895, 1 N BOOK "F' OF MAPS, PAGE 39;
THENCE, NORTHEASTERLY ALONG THE NORTHWESTERLY LI NE OF SAI D LOT 6, 38 FEET MORE
OR LESS TO THE NORTHWESTERLY CORNER OF SAI D LOT 6;
THENCE, SOUTHEASTERLY 5 FEET MORE OR LESS ALONG THE NORTHEASTERLY LI NE.OF SAI D
LOT 6 TO I TS I NTERSECTI ON WI TH A LI NE PARALLEL WITH AND 27.50 FEET PERPENDI CULAR
DI STANCE FROM THE CENTERLI NE OF RAJ LWAY AVENUE;
THENCE, SOUTHWESTERLY ALONG SAI D PARALLEL LI NE 38 FEET MORE OR LESS TO I TS
INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID LOT 6;
THENCE, NORTHWESTERLY ALONG SAI D SOUTHWESTERLY LI NE OF SAI D LOT 6, 5 FEET MORE
OR LESS TO THE POI NT OF BEG NNI NG.
PARCEL TWO: (APN: 412-09-007)
LOT 7, 1 N BLOCK 1, AS SHOWN UPON THAT CERTAIN MAP ENTITLED, "MAP OF RUCKER'S
ADDI TI ON TO THE TOWN OF CAMPBELL BEI NG A PART OF SEC. 35 T. S., R. 1 W, M.D.M.,"
WHI CH MAP WAS FI LED FOR RECORD I N THE OFFI CE OF THE RECORDER OF THE COUNTY OF
SANTA CLARA, STATE OF CALI FORNI A, ON MAY 20, 1895 1 N VOLUME "F' OF MAPS, AT PAGE
39.
DCCEPTI NG THEREFROM THE PORTI ON GRANTED TO THE C TY OF CAMPBELL BY GRANT DEED
RECORDED NOVEMBER 26, 1975, 1 N BOOK B741 AT PAGE 1 DESCRI BED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 7 IN BLOCK 1 AS SHOWN UPON THE
MAP ENTI TLED "MAP OF RUCKER'S ADDI TI ON I N THE TOWN OF CAMPBELL" RECORDED I N THE
OFFI CE OF THE COUNTY RECORDER OF THE COUNTY OF SANTA CLARA, STATE OF
CALI FORM A, ON MAY 20, 1895, 1 N BOOK "F' OF MAPS, PAGE 39;
THENCE, NORTHEASTERLY ALONG THE NORTHWESTERLY LI NE OF SAI D LOT 7, 38 FEET MORE
OR LESS TO THE NORTHWESTERLY CORNER, OF SN D LOT 7;
First American Tit/e � A
�t
Page 6 of 15
Order Number: 4304-4727959
Page Number: 7
THENCE, SOUTHEASTERLY 5 FEET MORE OR LESS ALONG THE NORTHEASTERLY LI NE OF SAI D
LOT 7 TO I TS I NTERSECTI ON WI TH A LI NE PARALLEL WI TH AND 27.50 FEET PERPENDI CULAR
DI STANCE FROM THE CENTERU NE OF RAJ LWAY AVENUE;
THENCE, SOUTHWESTERLY ALONG SN D PARALLEL LI NE 38 FEET MORE OR LESS TO I TS
I NTERSECTI ON WI TH THE SOUTHWESTERLY LI NE OF SN D LOT 7;
THENCE, NORTHWESTERLY ALONG SAI D SOUTHWESTERLY LI NE OF SAI D LOT 7, 5 FEET MORE
OR LESS TO THE POI NT OF BEG NNI NG.
First American Title
Page 7 of 15
California All -Purpose Certificate of Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of sAII1-�A CL -1) S.S.
On , j I�i I 3"" I a, \ � before me, )\Ic
personally appeared
1�-
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 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is" "` ` WALTER CROCE
true and correct. ` Commission # 2084757
I yi; Notary Public - California z
WITNESS y hand nd icial sea .'" Santa Clara County
1 n My Comm. Expires Oct 31, 2018
I OPTIO NFORMATION
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Description of Attached Document
The preceding Certificate of Acknowledgment is attached to a
document titled/for the purpose of�C�
containing pages, and dated ��J
The signer(s) capacity or authority is/are as:
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C}b 9rlt r�
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❑ Guardian/Conservatorii ; l "' :i1it, no
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❑ Trustee(s) a.,.
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representing:
Method of Signer Identification
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