Hampton Inn - Parking Easement & Maintenance Agreement (Preamble & Recitals)Recording requested by:
Robert C. Abrams, Esq.
And when recorded, mai l to:
Law Office of Robert C Abrams
5412 N. Palm Avenue, Suite 101
Fresno, CA 93704
APN: 841- 75-006
237189 ®3
Regina Alcomendras
Santa Clara County - Clerk- Recorder
08/03/2017 02:19 PM
Titles: 1 Pages: 10
Fees: C2.00 2.00
Taxes: Total: C}I
0IUr116i, , XItVI116�I�Idlil�al�'�rY1b0
SPACE ABOVE THIS LINE FOR RECORDER'S USE
PARKING EASEMENT AND MAIN'T'ENANCE AGREEMENT
Preamble and Recitals
AvV$t
This Agreement is entered into on)546e_-jL, 2017 by and between Karamjit Singh Nijjar and Rajinder
Kaur Nijjar, hereafter referred to as "Grantor," and Blue Diamond Hospitality, LLC, a California Limited
Liability company, hereafter referred to as "Grantee."
Grantee is developing a new hotel on its property and the City of Gilroy is requiring additional parking
spaces. Grantor is the owner of the property adjacent to Grantee's property upon which there is a
restaurant building that is currently vacant.
A. Grantee is the owner of certain real property located at 5975 Travel Park Circle, Gilroy,
California, Assessor's Parcel #841 -75 012 ("Dominant Tenement'l, and more particularly described in
Exhibit A, which is attached to this Agreement and hereby incorporated by reference.
B. Grantor is the owner of certain real property located at 5955 Travel Park Circle, Gilroy,
California, Assessor's Parcel # 841- 75-006 ( "Servient Tenement'), and more particularly described in the
attached Exhibit A.
C. Grantee desires to acquire certain rights in that part of the Servient Tenement reserved and
delineated as parking stalls and described as follows: 30 parking stalls located in the defined parking area
of the attached Exhibit B consisting of 3 pages ( "EASEMENT PARKING ").
Grant of Easement
1. Grantor grants to Grantee (and Grantee's successors and assigns) an easement, on the terms
and conditions set forth in this Agreement.
2. The easement granted in this Agreement is appurtenant to the Dominant Tenement.
3. The easement granted in this Agreement is an easement for parking purposes only. For
purposes of this Agreement, "parking purposes" means use for and by employees, vendors, invitees and
guests for any purpose connected with the use of the Dominant Tenement. These parking purposes do not
include storage or the parking of inoperative vehicles. No vehicle is to remain in any parking stall longer
than 2 days without being moved.
Page 1 of 7
4. The easement granted in this Agreement shall run with the land for as long as the
Dominant Tenement is utilized as a Hotel or until cancelled by the owner of the Dominant Tenement.
S. The easement granted in this Agreement is nonexclusive. Grantor retains the right to make
any use of the Servient Tenement, including the right to grant concurrent easements in the Servient
Tenement to third parties, which do not unreasonably interfere with Grantee's free use and enjoyment of
the easement.
6. Grantor shall maintain the Servient Tenement in good repair. Grantee shall reimburse
Grantor for the expenses of maintaining and repairing the easement on a pro-rata percentage basis
determined by the quotient of number of stalls in the easement as the numerator divided by the total
parking stalls available on the Servient Tenement. The Grantee is responsible for payment of these
expenses within 30 days of the presentment of a bill from the Servient Tenement. The Dominant
Tenement is entitled to review the bill for the total expenses upon request.
7. This Agreement shall not be assigned. Any purported assignment of this Agreement or of
any interest in this Agreement shall be void and of no effect.
S. 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. This Agreement constitutes the entire agreement between Grantor and Grantee relating to
the above easement. Any prior agreements, promises, negotiations, or representations not expressly set
forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force
and effect unless it is 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 of Grantor and Grantee.
AV5VSI'
Executed this 3►tj day of 2017.
GRANTOR
i ry
Karamjit Singh
GRANTEE
Blue Diamond Hospitality, LLC
By: &A.0Pe%,A -!!ir �n &1-4 A
Karamjit S. Nijjar, Member
Rajinder Kaur
Page 2 of 7
CERTIFICATE OF
OF NOTARY PUBLIC
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the I
document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA,
COUNTY OF S074tasl C A
On rd before me,,y�f''P�($�T /1% `}'� j•`f �b1iC
(here i sert name and title of the officer)
personally appeared EYa
who proved to me on the basis of satisfactory evidence to I e the person(#Uhose name4}is//
subscribed to the within instrument and acknowledged to me that he /shefdly executed the same in
hi&%9Mtmir authorized capacity(ies), and that by hisfim9dteirsignature(•s') on the instrument the
person�t, or the entity upon behalf of which the personfs)- acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
kCON�
A�rqj
®R'-5-1.
L'CAVA'. 2127825 \
Signature
d9
(Seal)
QANTA CLARA COUATY
M14 EXP. Oct. 1S, 2019''
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
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 �+� 1
Ot 3r�before me, `1 • yh�1C T4�yT PUJ�i1C,
(hate insert name and title of the officer)
personally appeared &4 LA 4r lcau� • ALA j n N-tY 1V�
(Name(s) of Signei s)
who proved to me on the basis of satisfactory evidence to be the person(e�whose name* is /Wer
subscribed to the within instrument and acknowledged to me thatbelshe/diey executed the same in
jaWher /t mir authorized capacity(WsT, and that by {sWher /their signatureWon the instrument the
person 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 true and correct.
MAE CHACON WITNESS my hand and o ci I seal. ;�.4 21270?3 f/U9t!C•C.1lii0�11A U Cuna County � Exp.- Oct. 15, 1019
Signature (Seal)
Page 3 of 7
EXHIBIT "A"
LEGAL DESCRIPTION FOR
S -FOOT PRIVATE STORM DRAIN EASEMENT (P.S.D.E)
A strip of land, 5 feet in width, for the purpose of Private Storm Drain Easement
(P.S.D.E), situated in the City of Gilroy, County of Santa Clara, State of California, being
a portion of Parcel 2 in Book 693 of Maps page 31, as shown and delineated upon that
certain Map entitled " Gilroy Travel Park" Tract No. 8834, and which said Map was
recorded on September 4's, 1997, in the Office of the County Recorder of the County of
Santa Clara, State of California, the centerline of said easement strip is more particularly
described as follows:
Commencing at the northeasterly corner of the said Parcel 2, common corner to Parcel 3,
said point also being on the westerly line of Travel Park Circle; thence from said point
continuing along the common property line of parcels 2 and 3, S 80° 14' 38" W, a
distance of 15.94 feet to the Point Of Beginning; thence leaving said point of beginning
from said line, S 06° 17' 21" E, 10.59 feet; thence S100 06' 11" E. 39.88 feet; thence S
170 01' 57" E. 32.58 feet, thence N 89° 28' 51" E, a distance of 8.31' to the Point Of
Termination of the Private Storm Drainage Easement (P.S.D.E.). Said terminus point
being a common point on the westerly right -of -way line of Travel Park Circle (60' wide),
which bears an arc with a central angle of 5 °33'58 ", a radius of 867.00 feet and a distance
of 84.23 feet from the Point Of Commencement.
The sidelines of the above - described strip of land shall be lengthened or shortened to
meet at angle points at the said common property line of parcels 2 and 3 and the westerly
right -of -way line of Travel Park Circle (60' wide).
END OF DESCRIPTION.
See Exhibit "B" attached hereto and made a part hereof.
This description was prepared by me or under my direction in conformance with the
requirements of the Land Surveyors' Act.
r�
� 7
Annan Nazemi, PLS No. 8437 Date
Expires: 12/31/2018 +,&ND
Prepared by the firm of MH engineering Company, Morgan Hill. CA PAiAZ�EMI �0
-j No. 8437 ID
tp Eap•f2 -Sl- t �V
�pFoF Ci3►���OQ.
SCZ 1
PARCEL 3
TRACT NO. 8834
GILROY TRAVEL PARK
BOOK 693- M -29 -31
PARCEL 2
TRACT NO. 8834
GILROY TRAVEL PARK
BOOK 693- M -29 -31 N�
0
OL OF 5 -FOOT PRIVATE STORM �w�,, Q Off• ,1.y�58
DRAINAGE EASEMENT
� o
�g 23, X2'1.
4
1.
!� ps V
�\oNAI LAIVO
T o
�� �'; l _ ' �� 7 °3 -2017
�
EXP.�12- 317 -18 EXHIBIT "B"
PLAT TO ACCOMPANY LEGAL DESCRIPTION
of cAt °��\P of PRIVATE STORM DRAINAGE
EASEMENT
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA
LEGEND
CL
CENTERLINE
P.O.B.
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCEMENT
P.O.T
POINT OF TERMINATION
EXISTING PROPERTY LINE
EXISTING RIGHT-OF-WAY LINE
r 0 0 9 ® �1
EASEMENT CENTERLINE
LINE TABLE
LINE
LENGTH
BEARING
L1
10.59'
S06.1 7'21 "E
L2
39.88'
S10.06'1'1 "E
L3
32.58'
S17'01'57 "E
L4
8.31'
N89.28 -51 "E
3
R
J
Kvn o e
=2 u
DRAWN 9Y: MM I JOB NO, 213074.SKL
MAY 25. 2017 1 SHEET 1 OF 1
LEGAL DESCRIPTION FOR
PARKING AND ACCESS EASEMENT
Al! that certain real property situated in the City of Gilroy, County of Santa Clara, State
or California, for the purpose of ingress / egress and parking over and across a portion of
Parcels 2, as shown in Book 593 of Maps page 31, as depicted upon that certain Map
entitled "Gilroy Travel Park" Tract No. 8834, and which said Map was recorded on
September 0, 1997, in the Office of the County Recorder of the County of Santa Clara,
State of California and being more particularly described as follows:
Parking, ingress /egress access easement description;
Beginning at the northeasterly corner of the Parcel 2, also common comer to Parcel 3, as
shown in Book 693 of Maps page 31, said point being on the westerly right -of -way line of
Travel Park Circle (60' wide); thence from said point continuing along the common
boundary of parcels 2 and 3, S 801 14'38" W, a distance of 49.87 feet; lhencc S 68° 06
23" E, 155.57 feet; thence leaving said common boundary line, S 33° 24' 00" E, 11.48%
Thence N 690 05'07" F, 55.15 feet;
Thence S 211133'30" E, 8.01 feet;
This S 50 44' 44" E, 25.31 feet;
Thence 5 84° 1510711 W, 3.35 feet;
Thence S 00° 24'58" E, 79.89 feet;
Thence S 890 07' 24" F, 17.76 feet;
thence along a tangent curve to the right, for art arc distance of 2.88 feet, said curve
having a radius of I.36'and a. delta of 121 °09' S8';
thence along another tangent curve to the right, for an arc distance of 7.03 feet, said curve
having a radius of 5.80'and a delta of 69°24' 10 ";
Thence N 87° 36' 11" W, 13.51 feet;
Thence S 00° 04' 02" W, 28.15 feet;
Thence N 88° 53' 14" E, 4.62 feet;
thence along a tangent curve to the right, for an arc distance of 2.92 feet, said curve
having a radius of 1.95'end a delta of 85 °4T52';
thence S O1° 26' 37" W,1 4.08 feet;
thence along a non - tangent curve to the left with a radial bearing of S 01° 13' 52" W, for
an arc distance of 207.28 feet, said curve having a radius of 124.50'and a delta of
95°23'28' ;
thence along another non - tangent curve to the left with a radial bearing of N 850 30' 24"
E, for an arc distance of 66.62 feet, said curve having a radius of 856.50and a delta of
4027'25";
Thence N 81 ° 22'59" E, 10.50 feet;
Page 5 of 7
EXHIBIT "C"
LEGAL DESCRIPTION FOR
S -FOOT PRIVATE SANITARY SEWER EASEMENT (P.S.S.E)
A strip of land, 5 feet in width, for the purpose of Private Sanitary Sewer Easement
(P.S.S.E), situated in the City of Gilroy, County of Santa Clara, State of California, being
a portion of Parcel 2 in Book 693 of Maps page 31. as shown upon that certain Map
entitled " Gilroy Travel Park" Tract No. 8834, and which said Map was recorded on
September 4'h, 1997, in the Office of the County Recorder of the County of Santa Clara,
State of California. the centerline of said strip is more particularly described as follows:
Commencing at the northeasterly corner of the said Parcel 2, common corner to Parcel 3,
said point also being on the westerly line of Travel Park Circle; thence continuing along
the common boundary of parcels 2 and 3, S 800 14' 38" W, a distance of 49.87 feet;
thence S 68° 06' 23" W, a distance of 155.67 feet; thence S 83° 03' 25" W, a distance of
35.25 to the Point Of Beginning; thence leaving said point on common boundary line,
S 00° 21' 24" E, a distance of 73.80 feet to the Point of Termination of the 5 -Foot
Private Sanitary Sewer Easement.
END OF DESCRIPTION.
See Exhibit "D" attached hereto and made a part hereof.
This description was prepared by me or under my direction in conformance with the
requirements of the Land Surveyors' Act.
Arman Nazemi, PLS No. 8437 r Date
Expires: 12/31/2018
Prepared by the firm of MH engineering Company. Morgan Hill, CA
►AID
ARRAN
C� NAZEM1
No. 8437 �
(P Exp. 12 - / -i �-
F�F CAL�Fp�
:1 - ,, 1. ,. I 1. .1 -:' 111 x _ 1 .1, , , , 1 , , 11q•
S83-43!2"
f
M
N
PARCEL 3
TRACT NO. 8834
GILROY TRAVEL PARK P.O.C.
BOOK 693- M -29 -31 _
PARCEL 2
TRACT NO. 8834
GILROY TRAVEL PARK
11N• P.O.B. BOOK 693- M -29 -31
I�p1 W
Ia�N
I �N
I�I $
ICI �.CL OF 5-FOOT PRIVATE SANITARY
SEWER EASEMENT
POT
58014730 r
� r
1R
i
i
i
30'
r
l
n
m
30.
1
i
Y
4T
—N—
d
U
U)
LEGEND
CL CENTERLINE
L LAN P.O.B. POINT OF BEGINNING EXISTING PROPERTY LINE
S�pNI SG P.O.C. POINT OF COMMENCEMENT EXISTING RIGHT -OF -WAY LINE
P.O.T. POINT OF TERMINATION 0 77 a
EASEMENT CENTERLINE
CL-
a � �
°s
3
a
n
N0. 843
EXP. 12 -31 -18 EXHIBIT nDu
PLAT TO ACCOMPANY LEGAL DESCRIPTION g 1 amhwd
9
%P �`� of PRIVATE SANITARY SEWER "°° u a'
lf OF CA1.�F0� mEASEMENT DRAWN BY: MM J08 N0. 213074.SKL
CITY OF GILROY, SANTA CLARA COUNTY, CALIFORNIA MAY 25. 2017 SHEET 1 OF 1
EXHIBIT "E"
LEGAL DESCRIPTION FOR
PARKING AND ACCESS EASEMENT
All that certain real property situated in the City of Gilroy, County of Santa Clara, State
of California, for the purpose of ingress/ egress and parking over and across a portion of
Parcels 2, as shown in Book 693 of Maps page 31, as depicted upon that certain Map
entitled " Gilroy Travel Park" Tract No. 8834, and which said Map was recorded on
September 4'h. 1997, in the Office of the County Recorder of the County of Santa Clara,
State of California and being more particularly described as follows:
Parking, ingress/egress access easement description:
Beginning at the northeasterly comer of the Parcel 2, also common comer to Parcel 3, as
shown in Book 693 of Maps page 31, said point being on the westerly right -of -way line
of Travel Park Circle (60' wide); thence from said point continuing along the common
boundary of parcels 2 and 3, S 80° 14' 38" W, a distance of 49.87 feet; thence S 68° 06'
23" E, 155.67 feet; thence leaving said common boundary line, S 33° 24' 00" E, 11.48';
Thence N 691 05' 07" E, 55.15 feet;
Thence S 21° 33' 30" E, 8.01 feet;
Thence S 05° 44' 44" E, 25.31 feet;
Thence S 84° IS' 07" W, 3.35 feet;
Thence S 00° 24' 58" E, 79.89 feet;
Thence S 890 07' 34" E, 17.76 feet;
thence along a non - tangent curve to the right with a radial bearing of N 08° 10' 19" W,
for an arc distance of 2.88 feet, said curve having a radius of- l .36'and a delta of 121°09'
58 "•
thence along a tangent curve to the right, for an arc distance of 7.03 feet, said curve
having a radius of 5.80'and a delta of 6924'10";
Thence N 87° 36' 11" W, 13.51 feet;
Thence S 00° 04' 02" W, 28.15 feet:
Thence N 88° 53' 14" E, 4.62 feet;
thence along a non - tangent curve to the right with a radial bearing of N 08° 15' 30" E ,
for an arc distance of 2.92 feet, said curve having a radius of 1.95'and a delta of
85 °47'52 ";
thence S 01 ° 26' 37" W, 14.08 feet;
thence along a non- tangent curve to the left with a radial bearing of S 01* 13' 52" W, for
an arc distance of 207.28 feet, said curve having a radius of 124.50'and a delta of
95°23'28';
thence along another non - tangent curve to the left with a radial bearing of N 85° 50' 24"
E. for an arc distance of 66.62 feet, said curve having a radius of 856.50'and a delta of
4 °27' 25';
Thence N 810 22' 59" E, 10.50 feet;
91 - .�O , N _ .. 1 u, :i ,t'! •.I. I'.,. I,...mk. t* : %cnt, it! d,".
thence along a tangent curve to the left, for an arc distance of 17.51 feet, said curve
having a radius of 867.00'and a delta of 1 009' 25 ", to the Point Of Beginning, containing
23,756 square feet more or less.
END OF DESCRIPTION.
See Exhibit "F" attached hereto and made a part hereof.
This description was prepared by me or under my direction in conformance with the
requirements of the Land Surveyors' Act.
i
Arman Nizemi, PLS No. 8437
Expires: 12/31/2018
g- 1 2d/?
Date
Prepared by the firm of MH engineering Company, Morgan Hill, CA
IAVJIZE
NO. 8437
tlnn► Exp.- 1 3! /`f